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LIBRARY 

OF  THE 

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PIERRE,       -       SOUTH  DAKOTA. 


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The  (Sompiled 

SCHOOL    LAWS 


Of. 


South  Dakota 


With  Constitutional  Provisions 


Department  of  Public  Instruction 

E.  E.  COLLINS,  Superintendent 

G.  J.  Schellcnger,  Deputy 


Second   Edition 


MITCHKLI<,   S.   D. 

THK   EDUCATOR    SCHOOI.   SUPPLY   CO. 

PUBI.ISHERS 

1901 


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> 


A/ 


s 


EDUCATION 


(S.  B.  174) 
An  Act  to  Establish  a  Uniform  System  of  Education  for  the 
State  of  South  Dakota   and  to  Repeal  ^Certain  Legisla- 
tion Relating"  Thereto. 
Be  it  Enacted  hy  the  Legislature  of  the  State  of 
South  Dakota: 

CHAPTER  I. 

STATE   SUPERVISION. 

§  1.  Superintendent — Duties  of.]  The  Superintend- 
ent of  Public  Instruction  shall  be  charged  with  the  general 
supervision  of  all  the  county  schools  and  the  high  schools 
and  of  all  the  city  and  county  superintendents  of  the  state. 
He  shall  meet  county  superintendents  in  convention  at 
least  once  each  year,  at  such  points  in  the  state  as  he  may 
deem  most  suitable  for  that  purpose,  and  by  explanation 
and  discussion  endeavor  to  secure  a  more  uniform  and  ef- 
ficient administration  of  the  school  laws.  He  shall  at- 
tend teachers'  institutes  in  the  several  counties  in  the  state 
as  far  as  may  be  consistent  with  other  duties  imposed  b}'' 
law,  and  assist  by  lecture  or  otherwise,  in  their  instruction 
and  management.  The  State  Superintendent  shall  pre- 
scribe rules  and  regulations  for  holding  county  normal 
institutes.  He  shall  render  a  written  opinion  to  any 
county  superintendent  asking  it,  touching  the  exposition 
or  administration  of  the  school  law,  and  shall  determine 
all  cases  appealed  from  the  county  superintendent. 

§  2.  Office  of.]  An  office  shall  be  provided  for  him 
at  the  seat  of  government  in  which  he  shall  file  all  papers, 
reports  and  public  documents  transmitted  to  him  by  the 
county  superintendents,  each  year  separately,  and  hold  the 
same  in  readiness  to  be  exhibited  to  the  governor  or  a  com- 
mittee of  either  house  of  the   legislature  at  any  time   when 

180919 


Jf  SCHOOL    LAWS 

required;  and  he  shall  keep  a  faithful  record  of  all  matters 
pertaining"  to  his  of&ce.  All  books  presented  to  his  of- 
fice or  purchased  therefor  shall  be  carefully  preserved  and 
catalogued  by  him.  The  educational  library  thus  formed 
shall  be  open  to  the  teachers  of  the  state  for  reference  and 
examination. 

§  3.  Shall  Make  Report.]  On  or  before  the  15th  day 
of  December  preceding  each  regular  session  of  the  legisla- 
ture, he  shall  present  a  biennial  report  to  the  Governor, 
which  report  shall  show  the  condition  and  needs  of  the 
public  schools  thruout  the  State  and  the  workings  of  the 
educational  system  of  the  State. 

§  4.  To  Prepare  Examination  Questions.]  It  shall  be 
his  duty  to  prepare  all  questions  for  the  examination  of 
teachers  by  the  county  superintendents,  and  no  county 
superintendent  shall  examine  teachers  with  questions  not 
thus  furnished.  Whosoever  shall  sell,  barter  or  give 
away  to  applicants  for  certificates  or  to  any  other  person 
the  questions  prepared  by  the  Superintendent  of  Public 
Instruction  to  be  used  by  the  county  superintendent  in  the 
examination  of  teachers  shall  be  deemed  guilty  of  a  rnis- 
demeanor,  and  on  conviction  thereof  shall  be  fined  not  less 
than  twenty-five  ($25)  dollars  or  more  than  one  hundred 
($100)  dollars. 

§  5.  May  Appoint  Deputy.]  He  shall  have  power  to 
app')int  one  assistant,  or  deputy,  who  shall  receive  a  salary 
of  one  thousand,  two  hundred.  ($1,200)  dollars,  and  shall 
perform  such  duties  pertaining  to  the  ofiice  as  the  super- 
intendent may  direct. 

§  6.  Institute  Conductors.]  He  shall,  on  or  before 
March  1st  in  each  year,  prepare  and  send  to  each  county 
superintendent  a  list  of  the  names  of  institute  conductors, 
and  county  superintendents  shall  engage  conductors  for 
their  county  normal  institutes  from  the  list  sent  by  the 
Superintendent  of  Public  Instruction. 

§  7.  Meeting  of  Institute  Conductors.]  He  shall,  on 
or  before  the  1st' day  of  April  of  each  year,  call  a  meeting 
of  the  county  institute  conductors,  for  the  purpose  of  ex- 
changing views  relative  to  the  best  methods  of  teaching 
and  for  outlining,  as  far  as  practicable,  a  general  plan  for 
institute  work. 


SCHOOL    LAWS  5 

§  8.  Blanks  and  Blank  Forms.]  All  the  necessary 
blanks  to  be  used  in  transacting  the  business  between  the 
<!Jounty  and  the  State  Superintendent  shall  be  supplied  by 
the  State  Superintendent.  He  shall  also  compile  a  book 
of  forms  or  blanks  not  furnished  by  the  state,  and  all 
blanks  used  in  a  county  or  district  must  correspond  with  a 
form  in  such  book. 

§  9.  Compensation  of.]  He  shall  receive  such  salary 
as  is  prescribed  by  law,  and  also  a  sum  not  exceeding  two 
hundred  (S200)  dollars  per  annum  for  traveling  and  other 
expenses,  while  traveling  on  the  business  of  the  depart- 
ment. The  traveling  expense  account  and  the  certified 
bills  for  necessary  office  expenses,  and  for  the  printing  of 
such  blanks  and  reports  as  are  required  by  law,  shall  be 
paid  on  the  warrant  of  the  State  Auditor. 

§10.  State  Certificates  and  Diplomas.]  He  shall  have 
power  to  grant  state  certificates  and  state  diplomas.  He 
shall  keep  a  full  record  of  all  state  certificates  and  diplo- 
mas, and  carefully  file  in  his  office  all  papers  relating 
thereto,  and  preserve  said  papers  for  the  period  for  which 
a  state  certificate  or  diploma  can  be  granted.  He  shall 
at  the  close  of  each  quarter  send  to  each  county  superin- 
tendent in  the  state,  a  list  of  the  persons  receiving  state 
certificates  and  diplomas. 

§  11.  Examination  for  Same.]  Public  examinations 
for  state  certificates  and  state  diplomas  shall  be  held  by 
the  superintendent  of  public  instruction  at  least  twice  each 
year,  at  such  time  and  place  as  he  may  select,  as  will  best 
accommodate  the  teachers  of  the  state. 

§  12.  State  Certificate — How  Secured.]  A  state  certi- 
ficate shall  be  valid  for  five  years,  authorizing  the  person 
to  whom  it  is  issued  to  teach  in  any  of  the  common  schools 
of  the  state,  including  those  in  cities  and  towns,  for  the 
period  of  five  years  aforesaid.  Candidates  for  state  cer- 
tificates shall  present  satisfactory  evidence  of  three  years' 
successful  experience,  such  evidence  to  be  genuine,  reli- 
able and  from  disinterested  persons.  They  shall  pass  a 
satisfactory  examination  in  each  of  the  following  branches: 
Algebra,  geometry,  natural  philosophy,  physiology  and 
hygiene,  drawing,  civil  government,  didactics,  general  his- 


6  SCHOOL    LAWS 

tory  and  American  literature.  The  character  of  the  pa- 
pers submitted  in  the  examination  shall  determine  the 
candidate's  knowledge  of  the  English  grammar,  orthogra- 
phy and  penmanship.  The  possession  of  a  good  moral 
character  shall  be  deemed  a  necessary  requisite  in  every 
candidate  and  satisfactory  recommendation  to  establish 
this  shall  be  submitted  by  each  candidate.  Any  resident 
graduate  of  either  of  the  state  normal  schools  or  the  state 
university  of  South  Dakota  shall,  upon  the  presentation  of 
his  or  her  diploma,  be  entitled  to  receive  a  first  grade  cer- 
tificate free  of  charge,  provided  the  graduates  of  said  uni- 
versity have  taken  a  course  of  pedagogy  as  given  in  that 
institution.  A  candidate  for  state  certificate,  a  resi- 
dent graduate  of  any  college  in  this  state,  having  taken 
a  course  of  study  equivalent  to  the  advanced  course  of 
study  prescribed  in  either  of  the  state  normal  schools,  or 
the  collegiate  department  of  the  State  University  of  South 
Dakota  shall,  upon  filing  with  the  State  Superintendent 
his  or  her  diploma,  a  copy  of  the  course  of  study  pursued 
and  the  written  endorsement  of  the  faculty  of  instruction, 
be  exempt  from  the  required  examination;  provided,  the 
applicant  has  taught  successfully  in  the  public  schools  for 
at  least  one  year.  The  Superintendent  of  Public  In- 
struction shall  issue  such  state  certificate  free  of  charge. 

§  13.  Renewal  of  Certificates.]  The  state  superin- 
tendent may  renew  a  first  grade  or  five-year  certificate 
upon  the  presentation  by  the  applicant  of  his  certificate 
and  evidence  of  continued  employment  and  successful  ex- 
perience in  the  business  of  teaching. 

§  14,  State  Diplomas — How  Secured.]  A  state  di- 
ploma shall  be  valid  for  life,  and  shall  authorize  the  holder 
thereof  to  teach  in  any  of  the  public  schools  of  the  state. 
The  requirements  of  a  state  diploma  shall  be  as  follows: 

First.  The  candidate  must  present  the  diploma  of  the 
institution  of  which  he  is  a  graduate,  with  a  copy  of  the 
course  of  study  therein  taught,  or  he  must  pass  an  exami- 
nation it:  such  branches  as  will  be  selected  by  the  Super- 
intendent of  Public  Instruction. 

Second.  He  must  present  ample  proof  that  he  has  had 
at  least  tejQ  (10)  years'  successful   experience  as   a  teacher. 


SCHOOL    LAWS  7 

Third.  He  must  pass  a  satisfactory  examination  in  the 
science  and  art  of  education.  This  shall  be  more  or  less 
extensive  as  the  candidate  is  or  is  not  a  graduate  of  some 
reputable  Normal  School. 

Fourth.  He  must  pass  an  examination  in  two  branches 
selected  by  him  from  the  following:  Geometry,  trigonom- 
etry, astronomy,  chemistry,  zoology  or  geology.  He 
must  also  pass  an  examination  in  two  branches  selected  by 
him  from  the  following:  English  literature,  rhetoric,  gen- 
eral history,  political  economy  and  psychology. 

Fifth.  He  must  write  a  thesis  of  not  less  than  three 
thousand  (3,000)  or  more  than  five  thousand  (5,000)  words 
upon  some  special  topic  embraced  in  one  of  the  branches 
in  which  he  is  examined.  His  thesis  the  Superintendent 
shall  submit  to  two  persons  of  acknowledged  ability  to 
review. 

Sixth.  All  papers  must  show  a  correct  and  intimate 
knowledge  of  English. 

Seventh.  He  must  be  recommended  by  persons  of  lib- 
eral education,  disinterested  and  having  a  full  knowledge 
of  his  experience. 

Eighth.  He  must  submit  a  thesis  in  his  own  handwrit- 
ing upon  some  professional  subject  chosen  by  the  Super- 
intendent. 

Ninth.  He  must  submit  evidence  of  a  good  moral 
character. 

§  15.  Certificate  Fee.]  Each  applicant  for  a  state  cer- 
tificate, except  resident  graduates  from  the  Normal  schools 
of  the  stat^,  or  other  institutions  having  Normal  depart- 
ments of  the  same  requirement,  and  the  State  University, 
shall  pay  a  fee  of  five  dollars  ($5.00)  and  for  state  diplomas 
shall  pay  a  fee  of  ten  dollars  (110.00).  All  fees  thus  col- 
lected shall  be  paid  by  the  superintendent  into  the  state 
treasury,  and  shall  constitute  the  teachers'  reading  circle 
fund  and  shall  be  subject  to  the  order  of  the  State  Auditor 
for  that  purpose;  Provided,  that  should  an  applicant  fail  in 
said  examination,  one-half  the  fee  shall  be  returned;  Pro- 
vided that  the  State  Auditor  shall  issue  his  warrant  en  the 
State  Treasurer,  in  favor  of  the  State  Teachers  Reading 
Circle  upon  vouchers  filed  by  the  Superintendent  of  Public 
Instruction. 


8  SCHOOL    LAWS 

§  16.  May  be  Revoked.]  The  Superintendent  of  Pub- 
lic Instruction  shall  have  power  to  revoke  any  state  certifi- 
cate or  diploma  for  any  cause  that  would  have  prevented 
its  issue. 


CHAPTER  II. 

COUNTY  SUPERVISION. 

§  1.  Superintendent — Duties  of.]  The  county  super- 
intendent of  schools  shall  be  charged  with  the  general 
supervision  of  the  schools  of  his  county.  He  shall  visit 
each  school  in  his  county  as  frequently  as  possible,  at  least 
once  every  school  year,  correcting"  any  deficiency  that  may 
exist  in  the  government  of  the  school,  in  the  classification 
of  the  pupils,  or  in  the  methods  cf  instruction  in  the 
several  branches  taught;  make  suggestions  as  he  shall 
deem  proper  and  necessary  for  the  welfare  of  the  school; 
note  the  character  and  condition  of  the  school  house,  fur- 
niture, apparatus  and  grounds,  making  such  suggestions 
to  the  district  officers  as  will  in  his  opinion  improve  the 
same.  He  shall  keep  a  complete  record  of  his  official 
acts,  a  record  of  the  name,  age  and  postoffice  address  of 
each  candidate  for  a  certificate  to  teach,  standing  in  each 
study,  and  the  grade,  date  of  issue  p,nd  expiration  of  each 
certificate  granted.  He  shall  keep  on  file  the  papers  of 
applicants  for  second  and  third  grade,  at  least  for  the 
period  for  which  a  certificate  is  granted.  He  shall  keep 
a  register  of  the  teachers  employed  in  his  count}^,  giving 
name  of  teachers,  district  in  which  employed,  date  of  open- 
ing and  closing  terms,  salary  per  month,  grade  of  certifi- 
cate and  date  of  superintendent's  visits.  He  shall  keep 
a  record  of  all  apportionments  of  the  state  and  county 
school  fund,  and  such  other  statistical  records  as  shall  be 
required  in  making  reports  to  the  Superintendent  of  Public 
Instruction.  In  addition  to  his  annual  report  he  shall, 
whenever  called  upon  by  the  Superintendent  of  Public 
Instruction,  make  such  special  reports  as  may  be  required. 

§  2.  Shall  Encourage  Teachers'  Institutes.]  The 
county  superintendent  of  schools  shall  encourage  teachers' 
institutes  and  associations,  and  shall  labor  in  every  prac- 
ticable way  to  elevate  the   standard  of  teaching,    urge   the 


SCHOOL    LAWS  9 

•continual  employment  of  successful  and  efficient  teachers, 
and  prevent  by  all  proper  means  the  employment  of  those 
who  are  incompetent  and  inefficient  and  seek  to  make  the 
employment  of  all  teachers  a  responsible  public  duty,  for 
the  public  advantage  only,  and  free  from  favor  and  secta- 
rian interest. 

§  3.  County  Certificates — Requirements  for.]  On  the 
first  Friday  of  March,  June,  September  and  November  of 
each  year,  the  county  superintendent  shall  examine  per- 
sons offering-  themselves  as  teachers  for  the  public  schools, 
at  least  two  of  which  examinations  shall  be  held  at  the 
county  seat,  notice  of  which  examination  shall  be  duly 
published  in  the  official  newspapers  of  the  county.  The 
ratio  of  correct  answers,  compared  with  the  per  centum 
established  by  the  Superintendent  of  Public  Instruction 
for  the  granting-  of  certificates,  all  evidence  disclosed  by 
the  examination  and  the  superintendent's  personal  knowl- 
edge of  the  candidate's  ability  to  teach  and  govern  shall  be 
the  reasons  for  granting  or  refusing  a  certificate  to  any 
applicant;  Provided,  that  no  person  shall  be  granted  a 
certificate  who  does  not  possess  a  good  moral  character. 

§  4.  Grades  of  Same.]  County  certificates  shall  be  of 
three  grades.  The  first  grade  certificates  shall  be  valid 
for  a  term  of  three  j^ears  in  every  county  in  the  state. 
Applicants  for  a  certificate  of  this  grade  shall  pass  an  ex- 
amination in  orthography,  reading,  writing,  arithmetic, 
geography,  including  physical  geograph}^  English  gram- 
mar, physiology  and  hygiene,  history  of  the  United  States, 
civil  government,  current  events,  American  literature, 
book-keeping,  drawing  and  didactics.  The  papers  of 
applicants  for  first  grade  certificates  shall  be  marked  b}^ 
the  county  superintendent  and  forwarded  by  him  to  the 
Superintendent  of  Public  Instruction  who  shall,  after  in- 
spection and  approval  of  the  same,  issue  said  certificates 
and  send  lists  of  the  same  without  delay  to  all  of  the  county 
superintendents  of  the  state.  The  second  grade  certifi- 
cates shall  be  valid  for  a  term  of  two  years.  Applicants 
for  certificates  of  this  grade  shall  pass  examination  in 
orthography,  reading,  writing,  arithmetic,  physiology  and 
hygiene,     geography,    English     grammar,    history    of  the 


10  SCHOOL    LAWS 

United  States,  civil  g-overnment  and  didactics.  Appli- 
cants  for  third  g-rade  certificates  shall  pass  examination  in 
orthography,  reading,  writing,  arithrnetic,  hygiene,  geog- 
raphy, English  grammar,  history  of  the  United  States  and 
didactics  The  third  grade  certificates  shall  be  valid  for 

a  term  of  not  more  than  one  year,  or  less,  at  the  discretion 
of  the  county  superintendent.  Examinations  for  third 
grade  certificates  may  be  held  privately,  subject  to  rules 
and  regulations  prescribed  by  the  Superintendent  of  Public 
Instruction.  Second  and  third  grade  certificates  shall 
be  issued  by  the  county  superintendent.  The  second 
grade  shall  be  valid  in  any  school  in  the  county  in  which 
it  is  issued,  and  the  third  grade  certificate  shall  be  valid 
only  in  such  school  as  may  be  designated  by  the  county 
superintendent.  The  county  superintendent  shall  re- 
quire a  fee  of  one  dollar  ($1)  from  every  applicant  for  a 
certificate  and  all  fees  so  collected  shall  at  the  close  of 
each  examination  be  deposited  with  the  county  treasurer 
to  the  credit  of  the  county  institute  fund. 

§  5.  Age  of  Applicant..]  No  first  or  second  grade  cer- 
tificate shall  be  issued  to  any  person  under  eighteen  years  . 
of  age;  no  third  grade  certificate  shall  be  issued  to  any 
person  under  seventeen  years  of  age.  No  person  shall 
be  allowed  to  teach  in  any  school  of  the  state,  who  is  not 
the  holder  of  a  valid  certificate.  All  contracts  made  in 
violation  of  the  provisions  of  this  section  shall  be  void. 

§  6.  Revocation  of  Certificates.]  The  county  super- 
intendent is  authorized  and  required  to  revoke  at  any  time 
any  certificate  held  in  his  county,  under  authority  of  Sec- 
tion four  (4)  of  this  chapter,  for  any  cause  which  would 
have  authorized  or  required  a  refusal  to  g-rant  the  same,  if 
known  at  the  time  it  was  granted,  and  for  incompetency, 
immorality,  intemperance,  violation  of  the  state  law, 
cruelty,  g-eneral  neg"lect  of  business  of  the  school  or  for 
refusal  or  neglect  to  attend  regularly  a  county  institute 
and  at  least  one  district  institute  each  year,  after  due  no- 
tice; Provided,  that  holders  of  first  g-rade  county  certifi- 
cates, in  force,  who  have  attended  regularly  at  least  four 
(4)  normal  institutes,  may  be  excused  by  the  county  super- 
intendent,   in  his  discretion,    from  attendance   at  institute 


SCHOOL    LAWS  11 

for  such  current  year;  and  the  revocation  shall  terminate 
the  employment  of  such  teacher  in  the  school  where  he  or 
she  may  be  at  the  time  employed;  but  the  teacher  must  be 
paid  up  to  the  time  of  receiving-  such  revocation.  The 
county  superintendent  must  at  once  notify  the  district 
board  by  whom  such  teacher  is  employed  of  such  revoca- 
tion, and  at  the  same  time  shall  notify  the  teacher.  And 
in  case  of  a  revocation  of  a  first  g-rade  certificate  he  shall 
notify  the  superintendent  of  public  instruction  by  an  ab- 
stract of  the  charges  thereof.  The  county  superintendent 
must  enter  his  action  in  such  case  of  revocation  in  the 
books  of  his  office.  In  revoking  a  certificate  the  county 
superintendent  may  act  upon  his  personal  knowledge  or 
upon  competent  evidence  obtained  from  others.  In  either 
case  the  actions  shall  be  taken  after  a  fair  hearing-  and  the 
teacher  must  be  notified  of  the  charge  and  given  a  chance 
to  make  defense  at  some  time  and  place  stated  in  said  no- 
tice. The  state  superintendent  shall  notify  every  county 
superintendent  in  the  state  of  the  revocation  of  a  first 
g-rade  certificate.  When  certificates  are  revoked  the 
same  shall  be  returned  to  the  office  of  the  county  superin- 
tendent revoking  the  same; 

Provided,  That  if  any  teacher  refuse  to  deliver  said 
certificate  that  has  been  revoked,  it  shall  be  the  duty  of 
the  county  superintendent  to  publish  notices  of  such  revo- 
cation in  the  official  papers  of  the  county. 

§  7.  County  Normal  Institute.]  The  county  super- 
intendent shall  hold  annually  a  Normal  Institute,  between 
the  first  day  of  April  and  the  fifteenth  day  of  September, 
of  not  less  than  five  days'  duration,  for  the  instruction  of 
teachers  and  those  who  desire  to  teach,  and  he  shall  pro- 
cure such  assistance  in  addition  to  the  conductor  as  he  may 
deem  necessary.  At  the  close  of  the  normal  institute  the 
conductor  thereof  shall  immediately  forward  to  the  county 
auditor  a  certified  list  of  the  persons  enrolled  therein,  to- 
gether with  a  certified  copy  of  the  appointment  of  the 
conductor,  and  the  county  auditor  shall  present  the  said 
list  and  copy  of  such  certificate  to  the  county  treasurer, 
who  shall  thereupon  transfer  the  sum  of  two  dollars  (|2.00) 
for  each  and  every    person  named   in  said    list,    from  the 


n  SCHOOL    LAWS 

county  g-eneral  fund  account  to  the  county  institute  ac- 
count. All  disbursements  of  the  institute  fund  shall  be 
upon  warrant  of  the  county  superintendent  and  no  warrant 
shall  be  drawn,  and  no  money  shall  be  paid  as  provided  in 
this  section  unless  the  list  and  copy  of  the  certificate  has 
been  filed,  and  then  only  upon  certified,  itemized  bills  pre- 
sented to  the  county  superintendent  and  approved  by  him, 
for  services  rendered  or  expenses  incurred  in  connection 
with  the  normal  institute. 

%~%.  Officers'  Meeting-.]  The  county  superintendent 
shall  between  the  first  day  of  December  and  the  first  day 
of  April  of  each  year  require  the  district  school  officers  of 
his  county  to  assemble  at  one  or  more  convenient  locations 
within  the  county,  for  the  purpose  of  discussing  questions 
relative  to  their  official  powers  and  duties; 

Provided,  He  shall  give  said  officers  at  least  ten  (10) 
days'  notice  of  the  same.  He  shall  also  notify  Ihe  State 
Superintendent  and  each  school  officer  of  the  time  and 
place  for  such  meetings  and  also  an  outline  of  the  subjects 
to  be  discussed  at  said  meeting. 

§  9.  Medium  of  Communication.]  The  county  super- 
intendent shall  at  ail  times  conform  to  the  instructions  of 
the  Superintendent  of  Public  Instruction  as  to  matters 
within  the  jurisdiction  of  the  latter.  He  shall  serve  as  a 
medium  of  communication  between  the  Superintendent  of 
Public  Instruction  and  the  district  officers. 

§  10.  Salaries  of  Superintendents.]  The  county  su- 
perintendent shall  receive  a  salary  payable  monthly  and  to 
be  determined  as  follows:  By  the  value  of  the  property  in 
their  respective  counties  as  fixed  by  the  state  board  of 
equalization  for  the  preceding  year,  and  by  the  population 
of  their  respective  counties.  The  entire  vote  of  the 
county  multiplied  by  five  shall  be  the  basis  of  reckoning 
the  population.  They  shall  be  entitled  to  receive  one  (1) 
mill  on  each  dollar  of  the  first  one  hundred  thousand  dol- 
lars (J^100,000),  and  three  eights  (f)  of  one  mill  on  each 
dollar  from  one  hundred  thousand  dollars  ($100,000)  to  six 
hundred  thousand  dollars  (|6Q0,000);  and  one  fourth  (i)  of 
one  mill  on  each  dollar  from  six  hundred  thousand  dollars 
($600,000)    to  one   million    one   hundred   thousand   dollars. 


SCHOOL    LAWS  IS 

($1,1^)0,000);  and  one  tenth  (i*o)  of  one  mill  on  each  dollar 
from  one  million  one  hundred  thousand  dollars  (11,100,000) 
to  two  million  six  hundred  thousand  dollars  ($2,600,000) 
and  one  twentieth  (i\))  of  one  mill  on  each  dollar  on  all 
sums  above  two  million  six  hundred  thousand  dollars  (|2,- 
600,000).  And  in  addition  to  the  above  named  sum  he 
shall  receive  for  the  first  one  thousand  inhabitants  within 
his  county  the  sum  of  seventy-five  dollars  ($75),  for  each 
additional  one  thousand  (1,000)  inhabitants  within  the 
county  or  major  fraction  thereof  he  shall  receive  fifty  dol- 
lars ($50). 

Provided,  That  he  shall  not  receive  more  than  fifteen 
hundred  dollars  ($1,500)  in  any  county  nor  any  other  com- 
pensation; 

Provided,  further,  That  in  counties  having-  an  assessed 
valuation  of  less  than  three  hundred  thousand  dollars 
($300,000)  the  salary  shall  not  exceed  two  hundred  dollars 
($200). 

Provided,  further.  That  the  county  superintendent 
shall  sig-n  his  name  in  the  attendance  register  of  each 
school  he  visits,  showing  the  date  thereof,  and  that  he 
carry  a  record  book  of  such  visits,  which  book  shall  be 
signed  by  the  teacher  of  the  school  visited  "  by  him,  and 
such  book  shall  be  filed  with  the  county  auditor  along  with 
the  bill  of  such  superintendent's  salary  for  the  last  month 
of  the  calendar  year;  and  it  shall  be  the  duty  of  the  county 
commissioners  to  deduct  from  the  salar}^  of  such  superin- 
tendent for  such  last  month  ten  dollars  ($10)  for  each  and 
every  school  in  the  county  under  the  direct  supervision  of 
such  superintendent,  and  not  visited  by  him  within  such 
calendar  year; 

Provided,  This  Act  shall  not  reduce  the  salary  of  the 
county  superintendents  who  were  elected  and  qualified 
prior  to  the  taking  effect  hereof. 

§  11.  May  Close  School.]  The  county  superintendent 
shall  have  power  to  close  any  school  under  his  super- 
vision on  account  of  contagious  disease,  or  for  any  other 
good  and  sufficient  cause  known  to  him.  The  county 
superintendent  of  any  county  in  this  state  shall  have  power 
and  it  shall  be  his  duty,    whenever  petitioned   so  to  do   by 


i^  SCHOOL    LAWS 

any  land  owner  whose  place  of  residence  on  such  land  in 
any  school  district  in  such  county,  or  whose  dwelling- 
house  thereon  is  more  than  three  miles  from  the  location 
of  the  school  house  in  such  district,  to  make  an  order*  at- 
taching-such  land,  not  to  exceed  one  hundred  and  sixty 
acres,  to  any  adjoining  school  district,  the  school  house  in 
which  is  located  within  three  miles  or  less  of  said  resi- 
dence or  dwelling-  house,  and  thereafter  said  land  shall  be 
a  part  of  the  district  to  which  it  is  so  attached. 

•  §  12.  Visiting  Schools.]  It  shall  be  the  duty  of  the 
county  superintendent  of  schools  to  visit  the  schools  of  all 
districts  in  his  county.  In  towns  having  less  than  one 
thousand  inhabitants,  he  shall  have  authority  of  direct 
supervision. 

§  13.  Certificate  Not  Required.]  In  cities  and  other 
independent  districts,  persons  exclusively  engaged  in 
teaching -music,  drawing,  penmanship,  bookkeeping,  for- 
eign language  or  kindergarten  methods,  shall  not  be  re- 
quired to  hold  a  county  certificate. 

§  14.  To  Examine  Accounts.]  It  shall  be  the  duty  of 
the  county  superintendent  to  examine  at  least  once  each 
year  the  records  and  accounts  of  the  district  officers,  and  to 
advise  them  as  to  the  proper  form  of  keeping  such  ac- 
counts. Should  any  such  officer  fail  to  make  his  report 
according  to  law  and  at  the  time  required  the  county 
superintendent  is  authorized  to  procure  the  same  by  ex- 
amination of  the  records,  files  and  accounts  of  such  officer 
for  the  purpose  of  obtaining  such  information.  It  shall 
be  the  duty  of  the  county  superintendent  to  file  with  the 
chairman  of  the  district  board  a  certified  statement  of  the 
condition  of  the  records,  accounts  and  funds  of  the  treas- 
urer and  clerk  as  shown  by  said  examination. 

§  15.  Vacancy— How  Filled.]  When  the  office  of 
county  superintendent  shall  become  vacant  by  death,  resig- 
nation, removal  or  otherwise,  the  county  board  of  com- 
missioners shall  fill  the  vacancy  by  appointment,  and  the 
person  so  appointed  shall  hold  his  office  until  the  election 
of  county  officers. 

§  16.  Treasurers'  Bond.]  The  county  superintendent 
may  at  any  time  require  a  new  or   additional  bond  for  the 


SCHOOL    LAWS  15 

district  officers  whenever  it  may  be  deemed  necessary  by 
hira,  or  upon  the  failure,  death  or  removal  from  the  county 
of  any  one  of  the  sureties.  All  such  bonds  shall  be  filed 
with  the  county  auditor,  and  in  the  case  of  the  breach  of 
an}'  conditions  thereof,  the  county  superintendent  shall 
cause  an  action  to  be  commenced  and  prosecuted  thereon 
in  the  corporate  name  of  the  school  district,  and  all  moneys 
so  collected  shall  be  paid  into  the  county  treasury  to  be 
applied  to  the  use  of  the  schools  of  said  district.  If  the 
county  superintendent  either  fail  or  refuse  to  •  bring-  such 
action  upon  the  breach  of  the  bond,  then  any  tax  payer  of 
the  district  may  cause  such  action  to  be  commenced,  and 
the  necessary  expenses  of  such  action  shall  be  paid,  unless  • 
otherwise  ordered  by  the  court,  out  of  the  county  treasury 
from  the  funds  apportioned  to  such  district, 

§  17.  Oath  of.  Office.]  The  county  superintendent 
shall  have  power  to  administer  oaths  of  office  to  all  sub- 
ordinate school  officers  in  his  county  and  to  certify  to  the 
same,  and  district  clerks  are  hereby  empowered  to  ad- 
minister oaths  in  all  matters  to  which  their  respective 
districts  may  be  a  party. 

§  18.  Qualifications.]  The  county  superintendent 
shall  qualify  on  or  before  the  first  Tuesday  in  January  of 
the  year  following*  the  one  in  which  he  is  elected  by 
taking  the  proper  oath  of  office,  and  executing-  a  bond  in 
the  sum  of  five  hundred  (r^SOO)  dollars  with  two  or  more 
sureties  to  be  approved  by  the  board  of  county  commis- 
sioners. The  oath  shall  be  subscribed  upon  the  back  of 
the  bond  which  shall  be  filed  with  the  county  auditor. 
The  sureties  of  such  bond  shall  be  bound  jointly  and 
severally,  and  upon  it  an  action  or  actions  may  be  main- 
tained by  the  board  of  county  commissioners  for  the  benefit 
of  the  district  or  person  or  fund  injured  by  the  conditions 
thereof. 

§  19.  May  Provide  Office.]  The  county  superintend- 
ent may  provide  at  the  county  seat  a  suitable  office  for  the 
transaction  of  business,  when  not  provided  by  the  board  of 
county  commissioners,  and  they  shall  allow  accounts  for 
all  necessary  expenditures  for  the  use  and  furnishing-  of 
said  office  and  for  necessary  stationery  and  printing.       All 


16  SCHOOL    LAWS 

books  and  pamphlets,  circulars  of  information  and  other 
publications  from  the  bureau  of  information  of  the  United 
States  and  all  official  publications  of  this  state  and  other 
public  documents  and  books  relating  to  education,  officially 
received  by  him,  shall  be  deemed  public  property  and 
shall  be  kept  in  his  office  and  with  other  public  property 
and  records  delivered  to  his  successor.  He  shall  furnish 
the'  board  of  county  commissioners  such  statistics  relating 
to  the  schools  of  the  county  and  the  officers  thereof  as  they 
shall  desire,  and  as  shall  enable  them  to  perform  their 
duties  correctly. 

§  20.  Shall  Report  Enumeration.]  For  the  purpose 
of  this  Act,  all  children  in  the  state,  over  six  and  under 
twenty-oAe  years  of  age,  shall  be  considered  of  legal 
school  age  and  the  county  superintendent  shall,  on.or  be- 
fore the  first  day  of  July  of  each  year,  report  under  oath  to 
the  commissioner  of  school  and  public  lands  the  enumera- 
tion of  persons  in  his  county  of  school  age.  Such  enu- 
meration to  be  based  upon  the  annual  census  taken  by  the 
district  clerks  of  his  county. 

§  21.  Shall  Make  Annual  Report.]  The  county  super- 
intendent shall,  on  or  before  the  first  Monday  of  September 
of  each  year,  make  a  report  to  the  Superintendent  of  Pub- 
lic Instruction,  containing  a  full  abstract  of  the  reports 
made  to  him  by  the  district  officers  and  such  other  matters 
as  he  shall  be  directed  to  report  by  the  said  superintend- 
ent, and  as  he  himself  may  deem  essential  in  exhibiting  the 
true  condition  of  the  schools  under  his  charge.  Should 
he  fail  to  make  such  report  he  shall  forfeit  to  the  school 
fund  of  his  county,  the  sum  of  one  hundred  ($100)  dollars 
and  shall^besides,  be  liable  for  all  damages  caused  by  such 
neglect. 

§  22.  Appeal  From  District  School  Boards.]  The 
county  superintendent  of  schools  shall  when  requested 
give  advice  relative  to  school  matters  to  any  school  officer 
or  person  within  the  county.  But  such  advise  shall  be 
advisory  only.  Any  party  dissatisfied  with  a  decision 
with  the  district  school  board  or  board  of  education  rela-' 
tive  to  school  matters  may  appeal  therefrom  to  the  circuit 
court  of -the  county,    at  any  time  within   thirty  days    after 


SCHOOL    LAWS  17 

the  rendering-  of  such  decision.  Said  appeal  is  taken  by 
serving-  a  notice  of  appeal  upon  the  district  school  board 
or  board  of  education  or  any  member  thereof  and  by  filing 
such  appeal  and  a  bond  for  costs  with  the  clerk  of  the 
school  district  or  board  of  education.  Said  notice  of 
appeal  must  state  the  decision  appealed  from,  in  a  clear 
and  concise  manner.  Said  bond  for  costs  shall  be  in  the 
sum  of  one  hundred  ($100)  dollars  with  two  or  more  sureties 
approved  by  the  clerk  of  said  circuit  court,  conditioned 
that  appellant  pay  all  costs  therein  that  may  be  adjudg-ed 
..  against  him.  When  said  notice  of  appeal  and  bond  for 
costs  is  filed  with  the  clerk  of  the  school  district  or  board 
of  education  as  above,  said  school  clerk  shall,  within  five 
days  thereafter  transmit  to  the  clerk  of,  the  circuit  court  a 
certified  copy  of  his  record  of  the  decision  appealed  from, 
and  all  original  papers  filed  in  his  office  in  said  matter, 
including  the  notice  of  appeal  and  bond  for  costs  therein; 
and  said  clerk  may  be  compelled  by  said  circuit  court  by 
an  order  entered  upon  motion  to  submit  such  certified 
copies  or  original  papers,  and  may  be  fined  for  neglect  or 
refusal  to  transmit  the  same.  For  such  transcript  and 
•return  the  said  clerk  shall  receive  the  usual  copying  fees, 
and  mileage  one  way,  same  to  be  taxed  as  part  of  the  cost 
of  suit.  And  the  clerk  of  the  court  shall  receive  and  file 
said  papers,  and  docket  the  same,  in  the  same  manner,  and 
shall  receive  the  same  fees  therefor  as  in  appeals  from 
justices'  courts; 

Provided,  His  costs  need  not  be  paid  beforehand. 
When  any  matter  is  so  appealed  and  filed  with  the  clerk  of 
the  circuit  court  it  shall  be  docketed  in  the  name  of  the 
dissatisfied  party  as  appellant  against  the  school  district 
by  its  proper  name  as  appellee,  and  it  shall  be  tried  anew 
in  the  circuit  court  according  to  the  regular  procedure  pro- 
vided by  law  therein  and  shall  in  all  respects  be  treated  as 
a  regular  case  or  action  in  said  circuit  court,  save  as  here- 
inafter expressly  provided.  No  notice  of  trial  or  note  of 
issue  need  be  served  to  have  such  matter  placed  upon  the 
trial  calendar,  and  same  shall  come  on  for  trial  in  its  regu- 
lar order,  except  as  provided  below  therein;  and  the  same 
proceedings   shall   be   had   and    all  judgments    or   orders 


18  SCHOOL    LAWS 

therein  shall  be  valid  and  mandatory  as  by  law  provided 
in  any  other  regular  case  or  action  or  proceeding  in  said 
circuit  court; 

Provided,  That  above  parties  may  agi  ee  upon  the 
statement  of  facts  in  any  actual  case  or  matter  tried  anew 
thereon,  before  the  court  in  chambers  or  in  open  court, 
after  proper  appeal  and  consent  of  parties.  In  all  of 
above  the  circuit  court  shall  render  judgment  therein  and 
may  render  final  judgment  or  make  such  order  and  direction 
therein  as  the  circumstances  of  the  case  may  require  and 
as  the  very  right  of  the  case  may  appear  and  enforce  the 
same  upon  execution  or  l)y  mandamus  or  attachment  as  for 
contempt. 

§  23.  Appeals  from  Circuit  Court.]  Appeals  relative 
to  school  matters  may  be  taken  from  the  circuit  court  to 
the  supreme  court  of  the  state,  and  the  same  proceeding 
shall  be  had,  and  all  judgments  and  orders  therein  shall  be 
valid  and  mandatory  as  by  law^  provided  in  any  other  case, 
or  action  or  appeal  or  proceeding  in  said  supreme  court. 

§  24.  Duty  of  County  Treasurer.]  The  county  treas- 
urer shall  on  the  first  Monday  in  January  and  July  furnish 
the  county  superintendent  with  a  statement  of  all  moneys 
■  in  the  county  treasury  belonging  to  county  general  school 
fund,  and  shall  pay  the  same  upon  the  order  of  the  super- 
intendent to  the  treasurers  of  the  respective  public  school 
corporations  of  the  county.  The  county  treasurer  shall 
also  pay  at  such  times  as  are  required  by  law  to  the  treas- 
urer of  each  school  corporation,  all  of  the  school  money 
collected  for  such  corporation  and  shall  take  duplicate 
receipts  for  the  money  paid.  He  shall  send  one  of  the 
receipts  to  the  clerk  of  the  said  school  corporation. 

§  25.  Apportionment  of  School  Money.]  The  county 
superintendent  shall,  on  or  before  the  first  Monday  in 
January  and  July  of  each  year,  apportion  the  money  in  the 
county  treasury  belonging  to  the  county  general  school 
fund  to  the  several  public  school  corporations  within  the 
county  in  proportion  to  the  number  of  children  of  school 
age  residing  therein.  He  shall  also  draw  orders  on  the 
county  treasurer  in  favor  of  the  several  school  treasurers 
of  the  county  for  the  amount  apportioned  to  them,  and 
shall  ta^e  their  receipts  therefor. 


SCHOOL    LAWS  19 

§26.  District  Institutes.]  It  shall  be  the  duty  of  the 
county  superintendent  to  hold  district  institutes  during-  the 
school  year,  and  shall  actively  and  earnestly  promote  the 
same.  In  holding  said  institutes  he  may  group  two  or 
more  districts  in  institute  organization.  Said  districts 
shall  be  so  arranged  that  the  teachers  in  the  district  or 
group  of  districts,  shall  have  the  benefit  of  such  institutes 
at  least  twice  during  the  school  year. 

§  27.  Not  Hold  Other  Office,]  The  county  superin- 
tendent shall  not  hold  the  office  of  county  commissioner 
or  school  district  officer. 

Provided,  That  no  person  shall  hereafter  be  elected  or 
appointed  to  the  office  of  county  superintendent  who  is  not 
the  holder  of  at  least  a  valid  first  grade  count}^  certificate 
secured  at  least  one  year  prior  thereto,  and  who  has  not 
had  at  least  twenty-four  (24)  months  of  actual  experience 
in  school  teaching. 

§  28.  Clerk's  Report.]  The  clerk  of  each  district 
shall,  on  or  before  the  first  day  of  August  of  each  year, 
make,  sign,  transmit  or  deliver  to  the  county  superintend- 
ent, an  annual  report  in  writing  covering  the  preceding 
school  year  and  including  all  the  facts  and  statistics  of 
the  school  district,  which  are  required  to  be  included  in 
the  county  superintendent's  state  report  and  in  the  same 
order  therein  required  except  any  item  therein  peculiar  to 
the  county  and  not  belonging  to  the  district.  He  shall 
also  report  the  branches  of  study  in  the  graded  and  un- 
graded schools  separately,  the  names  and  addresses  of  the 
district  school  officers,  and  the  dates  when  their  terms 
severally  expire,  and  all  other  facts  and  statistics  which 
the  county  superintendent  may  require  for  his  report  to  the 
superintendent  of  public  instruction.  He  shall  also 
enumerate  the  number  of  children  of  legal  school  age,  male 
and  female,  designating  each  separately,  residing  in  the 
districts  on  the  first  day  of  May  previous  to  the  date  of 
such  report,  and  shall  file  such  census  report  with  the 
county  superintendent  on  or  before  the  first  Monday  of 
June  of  each  year.  # 

§  29.     Treasurer's  Report.]     At  the  annual   meeting  of 
the  school  board   on  the    second  Tuesday    of  July  in   each 


^0  SCHOOL    LAWS 

year,  the  incoming  district  board  shall  make  settlement 
with  the  district  treasurer,  who  shall  at  that  meeting-  make 
his  annual  report  in  triplicate,  one  copy  to  be  preserved  in 
the  treasurer's  office,  and  upon  approval  of  the  same  by  the 
district  board,  one  approved  copy  to  be  filed  with  the  dis- 
trict clerk,  and  one  approved  copy  to  be  transmitted  by 
said  clerk  to  the  county  superintendent  on  or  before  the 
first  day  of  August  of  each  year.  On  making  said  settle- 
ment it  shall  be  the  duty  of  the  district  board  to  compare 
the  certified  bills  allowed  by  the  board  with  the  orders  is- 
sued, also  to  compare  the  orders  paid  by  the  district  treas- 
urer the  preceding  year  with  the  clerk's  record  of  orders 
issued;  and  also  compare  the  record  of  the  money  received 
and  orders  paid  by  said  treasurer  with  his  annual  report, 
and  if  found  correct  the  report  shall  be  approved,  the 
orders  cancelled  and  filed  with  the  district  clerk.  The 
board  shall  cause  to  be  posted  in  three  pifblic  places,  or 
published  in  a  newspaper  of  general  circulation  in  the 
county  an  itemized  statement  of  the  receipts  and  expendi- 
tures for  the  preceding  school  year. 

§  30.  Failure  of  Officer  to  Report.]  If  any  district 
officer  fails  or  neglects  to  transmit  or  deliver  to  the  county 
superintendent  the  annual  report  of  his  district  at  the  time 
required  by  law,  it  shall  become  the  duty  of  the  county 
superintendent  to  visit  said  district  officer  at  his  residence 
in  said  district  and  obtain  such  report.  Upon  sworn 
statement  of  such  visit  being  filed  by  the  county  superin- 
tendent with  the  county  auditor,  the  county  commissioners 
shall  order  the  sum  of  five  ($5.00)  dollars  to  be  transferred 
from  the  general  fund  of  said  district  to  the  county  general 
fund  and  a  county  warrant  for  that  amount  shall  be  issued 
to  the  county  superintendent. 

§  31.  Mileage  of  County  Superintendent.]  The  county 
superintendent  shall  receive  five  (5)  cents  per  mile  each 
way  for  every  mile  necessarily  traveled  in  attending  such 
meeting  of  county  superintendents  as  may  be  convened  by 
the  state  superintendent  at  any  time. 

Provided,  That  such  mileage  shall  not  be  regarded  as 
compensation. 


SCHOOL    LAWS  21 

CHAPTER  III. 

SCHOOL   CORPORATIONS. 

§  1.  School  Corporations  Definea.]  In  all  counties 
organized  for  school  purposes  under  the  district  system,  at 
the  taking  effect  of  this  Act,  each  school  district  shall  be 
and  remain  a  school  district  corporation  until  changed  as 
herein  provided.  Each  township  in  every  county  in  the 
state  which  at  the  taking  effect  of  this  Act  consists  of  ter- 
ritory not  organized  into  a  civil  township  shall  be  and  re- 
main a  school  district  corporation,  until  changed  as  herein 
provided; 

Provided,  further,  Nothing  in  this  Act  shall  be  con- 
strued to  alter  the  boundary  lines  of  an}^  school  district, 
or  of  any  school  township  organized  prior  to  the  passage 
of  this  Act,  except  as  hereinafter  provided. 

§  2.  New  Counties — District  of.]  In  any  county  here- 
after organized  the  count}^  commissioners  shall  divide  the 
county,  or  the  settled  portion  thereof,  into  school  districts. 
In  the  formation  of  such  districts  and  the  formation  of 
their  boundaries  as  provided  for  in  this  section,  the  bound- 
ary lines  of  congressional  townships  shall  be  made  the 
boundaries  of  the  districts; 

Provided,  That  no  districts  shall  be  thus  formed  in 
which  there  are  not  at  the  time  of  its  formation  at  least 
ten  children  of  legal  school  age. 

§  8.  District — How  Sub-divided,]  (1)  In  anj^  county 
school  districts  maj^  be  divided  as  follows:  Upon  receipt 
of  a  petition  signed  by  at  least  one  third  of  the  qualified 
electors  of  any  district,  it  shall  be  the  dut}^  of  the  district 
clerk  to  post  a  uotice  on  the  door  of  each  school  house  in 
said  district,  calling  an  election  for  the  purpose  of  divid- 
ing said  district  into  new  districts.  The  election  shall 
be  held  on  the  second  Tuesday  of  March,  at  a  convenient 
place  designated  by  the  school  board  at  a  regular  or  special 
meeting  thereof; 

Provided,  That  said  petition  and  posted  notices  &hall 
contain  a  plat  of  the  proposed  division,  and  a  copy  of  said 
plat  shall  be  posted  by  the  district  clerk  at  the  polling 
place  on  the  day  of  election; 

Provided,  further,  That  said  petition  shall  be  filed  with 


22  SCHOOL    LAWS 

the  district  clerk  at  least  twenty  days  prior  to  said  elec- 
tion and  said  notices  shall  be  posted  at  least  ten  days  be- 
fore said  election,  specifying  time  and  place  thereof.  The 
provisions  appertaining-  to  the  election  of  district  school 
officers  shall  apply  to  this  election  as  near  as  applicable. 
^  If  a  majority  of  the  votes  cast  at  this  election  are  in  favor 
of  division,  and  said  petition  and  poll  book  of  said  election 
are  on  file  with  the  county  auditor,  the  board  of  county 
commissioners  and  the  county  superintendent  shall,  at  the 
next  regular  meeting  of  the  board  of  county  commissioners 
in  April  following  such  election,  divide  the  said  district 
in  accordance  with  the  return  of  said  petition  and  election. 
Any  district  which  comprises  two  or  more  civil  townships 
may  be  divided  into  school  districts  in  accordance  with 
said  petition  and  election. 

(2)  At  the  regular  meeting  of  the  board  of  county 
commissioners  in  July  following  said  election,  the  county 
commissioners  and  the  county  superintendent  shall  make 
an  equitable  apportionment  of  the  property  and  indebted- 
ness (other  than  bonded)  of  the  district  among  the  new 
districts  formed  therefrom; 

Provided,  That  should  there  be  any  bonded  indebted- 
ness outstanding  against  the  district,  the  county  commis- 
sioners shall  levy  a  tax  annually  on  the  property  of  the 
new  districts  formed  therefrom  sufficient  to  pay  the  interest 
and  principal  of  the  bonds,  as  the  same  become  due.  The 
county  treasurer  shall  apply  such  tax  to  the  payment  of 
said  bonded  indebtedness,  and  when  the  bonds  are  paid 
and  cancelled,  the  county  treasurer  shall  p|,ace  the  unused 
balance,  if  there  be  any  of  such  tax,  to  the  credit  of  the 
district  formed  therefrom. 

(3)  Upon  the  receipt  of  a  jDetition  signed  by  a  majority 
of  the  qualified  electors  of  any  civil  township  in  said 
county,  having  districts  smaller  than  civil  townships,  the 
county  commissioners  and  the  county  superintendent  of 
schools  shall  declare  that  the  school  districts  shall  com- 
prise a  civil  township,  and  the  county  superintendent  shall 
appoint  the  necessary  officers,  as  hereinafter  provided  in 
Section  1  of  Chapter  4  of  this  Act,  who  shall  hold  until  the 
next  election. 


SCHOOL    LAWS  28 

§  4.  Officer's  Report  in  Case  of  Sub-division.]  In  each 
new  district  formed  by  division  as  provided  for  in  Section 
3,  the  officers  thereof  shall  be  chosen  at  the  annual  school 
meeting-  following-.  The  clerk  of  each  original  district 
shall,  on  or  before  the  first  Monday  in  July  following  the 
division  as  provided  in  Section  3  of  this  Chapter,  forward 
to  the  county  auditor  a  certified  statement  of  the  finances 
of  the  district,  including  the  bonded  and  other  indebted- 
ness. The  treasurer  of  each  original  district  shall  also 
within  the  same  time  turn  over  to  the  county  treasurer  all 
money  belonging  to  said  district  and  such  money  shall  be 
apportioned  to  the  districts  succeeding  as  provided  in  Sec- 
tion 3  of  this  Chapter. 

§  5.  Name  of  School  District.]  Every  schorl  district 
which  consists  of  a  civil  township   shall  be  named  the  .... 

school  district  of county,  State  of 

South  Dakota,  with  the  name  of  the  civil  township  inserted 
in  the  blank  before  the  word  school,  and  the  name  of  the 
county  in  which  it  is  situated  inserted  before  the  word 
county.  Every  school  district  consisting  of  territory 
not  organized  into  a  civil  township,  but  which  has  been 
named  by  a  distinctive  name  shall  have  such  distinctive 
name  inserted  in  the  blank  before  the  word  school.  Every 
school  district  consisting  of  territory  not  organized  into 
a  civil  township  and  which    has  no  distinctive  name,    shall 

be  called  school  district  No ....  of county,    with  its 

proper  number  inserted  in  the  blank  after  the  word  num- 
ber, and  the  proper  name  of  county  inserted. 

§6.  Boundaries — How  Changed  ]  After  the  boundary 
lines  of  the  several  school  districts  in  a  county  are  estab- 
lished, such  boundaries  at  any  regular  meeting  may  be 
changed,  by  the  board  of  county  commissioners  and  the 
county  superintendent  of  schools  upon  a  petition  for  such 
change  signed  by  ten  legal  voters  residing  in  the  districts 
to  be  affected  by  the  change;  due  notice  having  been  given 
by  the  county  auditor  to  the  school  board  of  the  districts 
to  be  affected  by  such  proposed  change;  if  in  the  judgment 
of  the  commissioners  and  the  superintendent  such  change 
is  for  the  best  interest  of  the  patrons  of  the  schools. 

Provided,  That  when  petition  is  made  for  the  formation 


2Ji.  SCHOOL    LAWS 

of  a  district  from  parts  of  two  or  more  counties,  the  com- 
missioners of  the  said  counties  may  in  their  discretion  ap- 
point a  joint  commission  to  establish  the  boundaries  of  the 
proposed  district,  and  to  adjust  all  the  accounts  relating- 
thereto.  The  said  joint  commission  shall  appoint  the 
necessary  officers  in  said  district.  It  shall  be  the  duty 
of  the  county  superintendent  of  the  county  in  which  the 
school  house  of  said  district  is  located  to  fill  all  vacancies 
that  may  occur  thereafter;  to  license  the  teacher  for  said 
school  and  to  have  supervision  of  the  same.  Whenever 
district  boundaries  shall  be  changed  under  the  provisions 
of  this  act,  it  shall  be  the  duty  of  the  county  commissioners 
and  the  county  superintendent  to  make  an  apportionment 
of  property  and  indebtedness  as  provided  in  Section  3  of 
this  Chapter. 

§  7.  School  District  Corporations.]  Every  school  dis- 
trict established  under  the  provisions  of  this  act  or  hereto- 
fore established,  shall  be  and  is  hereby  constituted  a  dis- 
trict corporation  for  school  purposes  and  under  its  own 
proper  name  and  number  of  such  corporation,  may  sue  and 
be  sued,  contract  and  be  contracted  with,  purchase,  hold 
and  use  personal  and  real  property  for  the  purposes  men- 
tioned in  this  act,  and  sell  and  disj)ose  of  the  same. 

§  8.  County  Superintendent  Shall  Make  Plat  of 
County.]  The  county  superintendent  shall,  within  thirty 
days  after  the  first  school  election  held  as  provided  herein, 
transmit  to  the  superintendent  of  public  instruction  a  plat 
of  the  county  showing-  the  boundaries  and  name  of  each 
school  district  therein.  He  shall  also  record  a  copy  of  the 
same,  together  with  all  the  proceedings  of  the  county 
board  done  under  this  act  in  a  proper  book  kept  for  the 
purpose.  He  shall  promptly  furnish  such  officer  with  a 
corrected  plat,  showing  any  changes  at  an}^  time  in  the 
boundaries  of  school  corporations.  The  superintendent 
of  public  instruction  shall  furnish  directions  for  the  suit- 
able preparation  and  construction  of  such  plats  in  regard 
to  the  scale  of  marking,  etc.,  in  order  to  secure  a  uniform 
series  of  maps  for  binding  for  office  use. 


CHAPTER  IV. 

DISTRICT   SCHOOL  BOARD. 

1.     School  District  Officers.]     On  the   third  Tuesday 


SCHOOL    LAWS  25 

in  June,  1891,  there  shall  be  elected  in  each  district  a  school 
board  consisting-  of  a  chairman,  clerk  and  treasurer,  for  the 
term  of  one,  two  and  three  years,  respectively,  and  annu- 
ally thereafter  one  member  of  said  board  for  the  term  of 
three  years.  Such  officer  and  member  elected  under  the 
provisions  of  this  Act  shall  qualify  on  or  before  the  second 
Tuesday  in  July  following-  his  election,  and  shall  hold  his 
office  for  the  number  of  years  for  which  he  is  elected,  and 
until  his  successor  is  elected  and  qualified.  Whenever  a 
school  district  shall  be  formed,  the  county  superintendent 
of  schools  shall  appoint  temporary  officers  for  such  school 
district,  who,  shall  serve  until  the  first  annual  school 
election  following-  and  until  their  successors  are  elected 
and  qualified.  Whenever  a  vacancy  may  occur  from  any 
cause  in  any  school  district  office  under  the  supervision  of 
the  county  superintendent,  he  shall  fill  such  vacancy  by 
appointment,  and  such  officer  shall  hold  such  office  until 
the- next  election  when  the  vacancy  shall  be  filled  by  a  vote 
of  the  people. 

§  2.  Annual  Election  of  School  Officers.]  Not  less 
than  ten  days  before  the  election  required  under  Section  1 
of  this  Chapter,  the  district  clerk  shall  post  notices  in 
three  public  places  in  the  district.  Said  notices  shall 
specify  the  time  and  place  of  holding  the  election,  and  the 
hours  during  which  the  polls  shall  be  kept  open.  The 
chairman  and  clerk  of  the  district  board  shall  serve  as 
judge  and  clerk  of  the  election.  It  they  are  not  ^resent 
at  the  time  of  opening  the  polls,  voters  present  may  select 
a  judge  and  clerk  from  their  number.  The  polls  shall  be 
open  at  2  p.  m.  and  kept  open  two  hours  in  the  district  hav- 
ing but  one  school,  and  four  hours  in  districts  having  more 
than  one  school.  All  persons  who  are  qualified  electors 
under  the  constitution  of  the  state  shall  be  qualified  to  vote 
at  any  school  district  election.  The  voting  must  be  by 
ballot  and  the  polls  and  tally  lists  supplied  thru  the  county 
superintendent  must  be  kept  and  returned  to  the  district 
clerk,  who  shall  upon  receipt  of  the  same,  issue  the  certifi- 
cate of  election  to  the  person  receiving-  the  greatest  number 
of  votes  as  shown  by  the  certified  returns; 

Provided,    That  in    case  of  a    tie  in  the  election  of  an 


26  SCHOOL    LAWS 

officer,    the  contest   shall  be   settled  at   once  by  lot  by  the 
board  of  election. 

§  3.  School  Boards — Meetings  of.]  District  boards 
shall  hold  three  regular  meetings  each  year  for  the  trans- 
action of  business  to- wit:  On  the  second  Tuesday  in  July, 
the  last  Tuesday  in  November  and  March,  at  such  place 
and  hour  as  may  be  fixed  by  the  school  board; 

Provided,  That  the  district  clerk  shall  when  requested 
by  a  majority  of  the  board  call  a  special  meeting  at  any 
time  by  giving  written  notice  to  each  member  of  the  board; 
Provided,  also,  That  in  any  school  district  five  legal 
voters  may  petition  the  clerk  to  call  a  special  meeting  of 
the  voters  at  any  time,  and  it  shall  be  the  duty  of  the  clerk 
to  call  such  meeting  by  posting  such  notices  at  least  ten 
days  prior  to  the  time  of  the  meeting  in  three  of  the  most 
conspicuous  places  in  the  district.  Such  notices  shall 
give  the  date,  hour  and  object  of  the  meeting. 

§  4.     Chairman — Duties    of — Salary.]      The    chairman 
shall  preside    at  all   meetings  of   the   board.         In  his   ab- 
sence the  chairman  protempore  shall  preside.       The  chair- 
man shall  perform  such    other  duties  as   are  prescribed   in 
this  Act.         He    shall  receive    one  dollar    and   fifty   cents 
($1.50)   for  each    regular   meeting  of  the  district    board  at- 
tended by  him,    and  one   dollar   and  fifty   cents  ($1.50)    for 
attending   such  meeting   of  the   school  officers  as  provided 
for  in  Section  8,    Chapter  II  of  this  Act,    and  shall  receive 
no  other  compensation  for  his  services   as  a  district  officer. 
§  5.     Clerk— Duties  of.]     The  clerk   of  the  board  shall 
keep  an   accurate  record   of  all   proceedings   of  the   board, 
give  or  post   all  notices,    make  out    all  reports   and   state- 
ments, shall  take  census  of  the  children  of  legal  school  age 
in  his  district  giving  the  age,    parent  or   guardian  of  each, 
and  file  the  same  with  the  county    superintendent  on  or  be- 
fore the  first  Monday  of  June  in  each  year,    and  also   shall 
place  one  copy  of  said  census  in  the  register  of  each  school 
in  the  district,  *  and  perform   all  other   duties   required   by 
law  or  by  order  of  the  board. 

§  6.  Clerk  and  Treasurer— Bonds  of.]  The  school 
treasurer  shall,  on  or  before  the  second  Tuesday  in  July 
following  Ills  election  and  before  entering  upon  his  duties^ 


SCHOOL    LAWS  27 

give  a  bond  to  the  school  district,  conditioned  that  he  will 
honestly  and  faithfully  discharge,  his  duties  as  treasurer, 
that  he  will  render  a  true  account  of  all  funds  and  property 
that  shall  come  into  his  hands  and  pay  and  deliver  the 
.same  according  to  law;  said  bond  shall  become  void  w^hen 
said  treasurer  has  completed  his  term  and  all  his  acts 
shall  have  been  approved  by  the  school  board  and  a  ma- 
jority of  the  electors  at  any  regular  or  regularly  called 
special  meeting. 

Provided,  That  a  bonafide  deposit  of  school  funds  in  the 
name    of  the   school    district  in    any  bank    or    depository 
selected    by   a    majority   of    the   school    electors   of    any 
school    district  shall    relieve   the    school   treasurer    from 
the   liability    for  loss    of  said    deposited   funds,    while  on 
deposit  therein.       ^Such  bond    shall  be  in  such   penal  sum 
as  may  be  fixed  by   the  clerk   and  chairman    of  the   board, 
but  not  less  than  double  the  sum,  as  nearly  as  can  be  ascer- 
tained,   to  come  into  his  hands  in  any    one  year,    shall   be 
signed  by  two  or  more  sufficient    sureties  and  shall  be   ap- 
proved by  the  clerk  and   chairman  of  the  board.        In  case 
the  said   chairman  and   clerk  refuse    or  neglect  to  approve 
the  bond  of  the  district  treasurer    and  the  sureties  thereto, 
such  treasurer    may  present   the  same  to  the  county  super- 
intendent and  serve  notice  thereof  upon  said  chairman  and 
clerk,  and  upon  due  proof  of  such  notice  being  made  to  the 
county    superintendent,    he  shall,    unless  good   cause   for 
delay  appear,  proceed  to  hear  and  determine  the  sufficiency 
of  the  bond  and  sureties  thereto,  and  may  approve  the  same, 
and  such   approval   shall  be  in   all  respects    valid.         The 
clerk  of    the  school   board  shall,    on  or  before    the  second 
Tuesday  in  July  following  his  election,    and  before   enter- 
ing upon  his  duties,    give  a  bond  to  the  school  district  con- 
ditioned that  he  will  honestly    and  faithfully  discharge  his 
duties   as  clerk,    that  he   w^ill  render  a  true  account  of  all 
property  that   shall  come  into  his   hands  as  such  clerk  and 
deliver  the  same  according  to  law.      Such  bond  shall  be  in 
the  penal  sum  of  one  hundred  ($100)  dollars;  shall  be  signed 
by  two   or   more  sufficient  sureties  and  shall  be  approved 
by  the  chairman  and  treasurer.         In  case  of  neglect  or  re- 
fusal to  approve  such  bond,    it  shall  be    approved  in  such 


28  SCHOOL    LAWS 

manner  as  provided  in  this  section    for  the  approval  of  the 

bond  of  the  treasurer. 

§  7.  Treasurer — Duties  of.]  The  school  treasurer 
shall  keep  such  accounts  and  make  such  reports  as  are 
required  of  him  by  law.  He  shall  pay  no  money  out  of 
the  school  funds  in  his  hands  except  upon  the  warrant  of 
the  school  board,  signed  by  the  clerk  and  countersigned  by 
the  chairman.  He  shall  pay  all  warrants  properly  drawn 
and  signed  when  presented  so  long  as  thei*e  is  any  money 
in  his  hands  or  subject  to  his  order  for  their  payment,  and 
shall  draw  all  money  in  the  hands  of  the  county  treasurer 
belonging  to  his  district  at  least  once  every  three  months 
in  each  year. 

§  8.  Warrants — Payment  of.]  Whenever  a  warrant 
is  presented  to  the  treasurer  for  payment  and  there  is  no 
money  in  his  hands  or  subject  to  his  order  for  the  pay- 
ment of   such  warrant,    he  shall  endorse    on  such    warrant 

' 'presented  for  payment   this day  of 

19. .  .  .and  not  paid  for  want  of  funds,"  and  sign  such  en- 
dorsement. If  he  has  in  his  hands  or  subject  to  his  order 
money  for  the  part  payment  of  such  warrant,  he  shall 
make  such  part  payment  and  endorse  the  sum  on  the  war- 
rant and  add  "balance  not  paid  for  want  for  funds,"  sign- 
ing the  same.  He  shall  keep  a  correct  register  of  all 
warrants  so  presented  and  endorsed.  Every  warrant 
thus  presented  and  endorsed  shall  draw  interest  for  the 
amount  unpaid  at  seven  (7)  per  cent  per  annum  until   paid; 

Provided,  That  whenever  there  shall  come  into  the 
hands  of  the  treasurer  or  subject  to  his  order,  money  ap- 
plicable to  the  payment  of  any  warrant  which  has  been  so 
presented  and  registered,  the  treasurer  shall  notify  in 
writing,  by  mail,  the  drawee  of  such  warrant  at  his  last 
known  place  of  residence  to  present  such  warrant  for  pay- 
ment, and  interest  shall  cease  upon  every  such  warrant 
ten  days  after  such  notice  shall  have  been  sent  and  such 
money  shall  be  held  for  the  payment  of  such  warrant. 

§  9.  Warrants — How  Drawn.]  Every  warrant  drawn 
by  the  clerk  of  the  district  board  on  the  district  treasurer 
shall  specify  the  purpose  for  which  the  money  is  paid,  the 
fund  on  which  it  is  drawn,  and  the  person,  firm  or  corpora- 
tion to  whom  paid; 


SCHOOL    LAWS  29 

Provided,  That  no  warrant  shall  be  issued  except  for 
an  indebtedness  incurred  prior  to  its  issue. 

§  10.  Official  Bond  and  Oath— Where  Piled.]  All  of- 
ficial bonds  of  school  district  officers  shall  be  filed  with  the 
county  auditor,  and  he  shall  give  the  county  superintend- 
ent immediate  notice  of  the  same.  The  oaths  and  reports 
of  school  district  officers  shall  be  filed  with  the  county 
superintendent. 

§  11.  Salary  of  Clerk  and  Treasurer.]  The  district 
clerk  and  treasurer  shall  each  receive  a  salary  of  five  ($5.00) 
dollars  per  annum  for  every  school  in  the  district; 

Provided,  That  in  computing  the  salary  of  such  office 
no  school  shall  be  included  unless  the  same  shall  have 
been  taught  at  least  three  months  the  preceding  school 
year; 

Provided,  That  such  salary  shall  not  exceed  twenty- 
five  ($25)  dollars  per  annum.  They  shall  each  receive 
one  dollar  and  fifty  cents  ($1.50)  additional  for  attending 
such  meetings  of  the  school  officers  as  provided  for-  in 
Section  8,  Chapter  II  of  this  Act; 

Provided,  further,  That  the  county  superintendent 
shall,  upon  the  receipt  of  the  annual  report  of  the  clerk 
and  treasurer,  if  correct,  complete,  and  received  on  or  be- 
fore August  1st  of  each  year,  notify  the  chairman  of  said 
school  board  that  such  reports  have  been  received. 
Thereupon  the  chairman  of  the  school  board  shall  sign  the 
warrant  for  their  annual  salary  and  no  part  of  said  salar}^ 
shall  be  paid  ulitil  said  notice. 


CHAPTER  V. 

POV^ERS  AND  DUTIES   OF  THE  DISTRICT   SCHOOL  BOARD. 

§  1.  Powers  and  Duties  of  the  District  School  Board.] 
The  district  school  board  shall  have  general  charge,  direc- 
tion and  management  of  the  school  or  schools  of  the  dis- 
trict, and  the  care,  custody  and  control  of  all  property 
belonging  to  it,  subject  to  the  provisions  of  this  Act. 
They  shall  organize,  maintain  and  conveniently  locate 
schools  for  the  education  of  all  children  of  school  age 
within  the  district.         If  a  petition   signed  by  the   persons- 


so  SCHOOL    LAWS 

charj^ed  with  the  support  aud  having  the  care  and  custod3^ 
of  seven  (7)  or  more  children  of  school  age,  all  of  whom 
reside  not  less  than  three  miles  from  the  nearest  school,  is 
presented  to  the  board  asking  for  the  organization  of  a 
school  for  such  children  the  board  shall  organize  such 
school  and  employ  a  teacher  therefor,  if  a  suitable  room 
for  such  school  can  be  leased  or  rented  at  some  proper  lo- 
cation not  more  than  three  miles  distant  fron)  the  residence 
of  any  one  of  such  children.  When  pupils  reside  at  an 
unreasonable  distance  from  their  nearest  school  house  in 
the  school  district,  the  school  board  shall  make  reasonable 
financial  provision  for  the  transportation  of  such  pupils  to 
some  other  school  in  the  district,  or  for  their  tuition  in 
some  other*district,  and  for  their  transportation  thereto  if 
an  unreasonable  di^*ta.nce  from  their  residence,  and  shall 
establish  routes  of  travel  and  provide  methods  of  transpor- 
tation subject  to  the  approval  of  the  county  superintendent 
of  schools,  who  shall  also  determine  what  shall  constitute 
an  unreasonable  distance. 

Provided,  That  such  provision  shall  be  only  tor  actual 
attendance  at  public  schools. 

Provided,  further,  That  in  making  arrangements  for 
transportation  the  board  shall  take  into  account  the  age  of 
the  pupils  and  their  physical  condition.  They  shall 
make  all  necessary  repairs  to  the  school  houses,  outbuild- 
ings and  appurtenances  and  shall  furnish  full  and  all 
necessary  supplies  for  the  schools.  They  shall  employ 
the  teachers  for  the  schools  of  the  district,  and  may  dis- 
miss any  teacher  at  any  time  for  plain  violation  of  contract, 
gross  immorality,  or  flagrant  neglect  of  duty. 

Provided,  That  every  contract  for  the  employment  of 
a  teacher  shall  be  in  writing  and  authorized  by  a  majority 
of  the  members  of  the  district  school  board.  They  shall 
attend  meetings  of  school  officers  as  provided  for  in  Section 
8,  Chapter  II  of  this  Act.  They  shall  admit  to  the  schools 
in  the  district,  pupils  from  other  districts,  when  it  can  be 
done  without  injuring  or  overcrowding  such  schools,  and 
make  regulations  for  their  admission  and  the  payment  of 
their  tuition  therein.  It  shall  be  the  duty  of  the  board 
at  the  annual  July  meeting,  each  year,    to  make  the  assign- 


SCHOOL    LAWS  31 

ment  and  distribution  of  pupils  to  and  among-  the  schools 
in  the  district  and  in  such  assig-nment  and  distribution  the 
board  shall  take  into  consideration  the  wishes  of  the 
patrons  and  the  best  interests  of  the  pupils  and  district. 
Any  school  in  the  district  may  be  discontinued  by  the  dis- 
trict school  board,  for  the  purpose  of  combining-  two  or 
more  schools  into  one  and  to  make  arrang-ements  for  the 
transportation  of  the  pupils  to  said  school  or  schools  if,  in 
the  judgment  of  the  board  it  is  to  the  best  interest  of  the 
pupils  and  the  district.  They  shall  assist  and  co-operate 
with  the  teacher  in  the  government  and  discipline  of  the 
schools,  and  may  make  proper  rules  and  regulations  there- 
for. They  may  suspend  or  expel  from  school  any  pupil 
insubordinate  or  habitually  disobedient. 

Provided,  That  such  suspension  shall  not  be  for  a 
shorter  period  than  ten  days  nor  beyond  the  end  of  the  cur- 
rent term  of  school.  They  shall  have  power  to  levy  upon 
the  property  of  the  district  a  tax  for  school  purposes  of 
not  exceeding-  twenty  (20)  mills  on  the  dollar  in  any  year, 
which  levy  shall  be  made  by  resolution  of  the  board  at 
their  regular  July  meeting  in  specific  amounts.  The 
clerk  shall  immediately  thereafter  notify  in  writing  the 
county  auditor  of  the  total  amount  of  the  tax  so  levied. 
The  school  board  shall  have  power  to  direct  the  removal  of 
a  school  house  to  a  more  convenient  location  upon  a  vote  of 
a  majority  of  the  electors  of  the  entire  district. 

Provided,  That  in  districts  in  which  there  shall  be  but 
one  school  house  a  two-thirds  majority  vote  shall  be  nec- 
essary to  remove  such  school  house  from  the  center  of  the 
district  to  any  other  point  in  the  district,  or  from  any  point 
in  the  district,  to  any  other  point  in  the  district  except 
such  removal  shall  be  to  the  center  of  the  district,  in 
which  case  a  majority  vote  shall  be  suf&cient  for  such 
removal. 

Provided,  further.  That  any  point  within  one  hundred 
and  sixty  rods  of  the  geographical  center  of  the  district 
shall  be  deemed  the  center  for  the  purposes  of  this  Act. 

§  2.  May  Appeal  to  County  Superintendent.]  The 
patrons  of  any  school  may  appeal  to  the  county  superin- 
tendent and    remonstrate  against    any  discontinuance  of 


SCHOOL    LAWS 

such  school,  which  shall  be  sig-ned  by  at  least  oi:e-third  of 
the  patrons  belonging  to  said  school.  Such  petition 
shall  set  forth  the  reasons  for  the  continuance  of  said 
school,  whereupon  the  county  superintendent  shall  order 
a  hearing  thereon,  giving-  out  notice  of  the  time  and  place 
of  such  hearing,  to  the  patrons  of  the  school  and  district 
board  and  if  after  such  hearing  he  shall  deem  it  to  the  best 
interests  of  said  school  and  district,  he  may  order  the  con- 
tinuance of  said  school,  which  order  shall  be  heeded  by 
the  district  school  board. 

§  3.  The  Electors  May  Instruct  Board.].  At  the  an- 
nual meeting  of  the  school  district  board  in  July  of  each 
year,  the  electors  maj'  meet  with  the  board  and  they  shall 
have  authority  to  instruct  them  in  matters  pertaining  to 
the  management  of  the  schools  for  the  coming  year.  They 
shall  be  called  to  order  at  three  o'clock  p.  m.  or  as  soon 
thereafter  as  practicable.  The  chairman  of  the  school 
district  board  shall  act  as  chairman  of  the  meeting  and  the 
clerk  shall  keep  the  minutes  of  the  meeting  in  the  perma- 
nent records  of  the  school  district.  At  this  meeting  the 
electors  may  instruct  the  board,  and  it  shall  be  their  duty 
to  carry  into  execution  all  such  instructions,  pertaining  to 
the  branches  to  be  taught  in  addition  to  those  prescribed 
in  Section  fourteen  (14)  Chapter  eight  (8)  of  this  Act;  the 
time  at  which  the  schools  of  the  district  shall  be  held;  the 
amount  of  tax  levy  to  direct  the  repair  of  the  school 
houses,  fixtures  and  outbuildings,  and  for  the  removal  of 
the  school  house  to  a  more  convenient  location,  for  the 
erection  of  a  new  one  or  the  sale  of  an  old  one  and  the 
lands  belonging  thereto,  and  upon  any  other  subject  per- 
taining to  the  schools.  At  this  meeting  it  shall  be  the 
duty  of  the  clerk  and  treasurer  to  read  their  respective  re- 
ports. And  it  shall  be  the  duty  of  the  district  board  to 
carry  into  execution  all  such  instructions  upon  a  majority 
vote  of  the  electors  of  their  district; 

Provided,  That  it  shall  be  the  duty  of  the  district 
board  to  furnish,  equip  and  supply  all  the  schools  in  the 
district  according  to  the  several  necessities  of  said  schools, 
and  with  as  nearly  equal  school  advantages  as  possible; 


SCHOOL    LAWS 

Provided,  further,  That  nothing-  contained  herein  shall 
prevent  the  district  board  from  exercising-  a  sound  discre- 
tion as  to  all  matters  pertaining  to  the  duties  of  their  office 
not  specially  provided  for  in  this  Act; 

Provided,  further,  That  such  taxes  shall  be  levied  at 
the  annual  school  meeting-  in  July  of  each  year,  and  shall 
not  exceed  for  all  purposes  two  (2)  per  cent  of  the  taxable 
property  in  the  district.  If  any  school  district  fails  to 
hold  in  any  school  year,  at  least  six  months  of  school  in 
any  school  house  in  said  district  providing  no  legal  discon- 
tinuance be  had,  it  shall  be  the  duty  of  the  county  super- 
intendent to  notify  the  county  treasurer  of  the  amount  of 
money  due  said  district  from  the  apjiortionment  fund  for 
the  semi-annual  term  ending  June  30,  of  the  preceding  year 
which  amount  shall  remain  to  the  credit  of  such  district 
and  no  warrant  be  drawn  therefor  until  said  district  shall 
have  complied  with  the  law,  unless  said  district  board 
made  provisions  for  the  instruction  of  the  pupils  for  the 
required  time  in  some  other  school.  In  case  of  failure  in 
any  district  to  levy  a  tax  sufficient  to  support  a  school  for 
the  number  of  months  above  named  the  board  of  county 
commissioners  shall  levy  a  tax  of  the  property  of  the  dis- 
trict that  shall  be  sufficient  for  the  purpose. 

§  4.  Clerk  Shall  Notify  Auditor.]  It  shall  be  the 
duty  of  the  district  clerk,  on  or  before  the  20th  day  of  July 
in  each  year  to  notify  the  county  auditor  of  the  amount  of 
tax  voted  at  the  last  annual  meeting  or  levied  by  the  dis- 
trict school  board  and  of  any  and  all  other  tax  of  which 
notice  has  not  previously  been  given.  The  notice  shall 
be  substantially  in  the  following  form: 

District  Clerk's  Office,  School  No | 

County,  South  Dakota,  > 

19-. ■  ) 

To  the  County  Auditor  of County,  South  Dakota: 

Sir: — You  are  hereby  notified  that  a meeting-  of 

district  No ... .  held  on  the ....  day  of the 

following  tax  was  voted  for  the  coming  school  year. 

For   tuition  fund,  dollars; 

For  general  fund, dollars; 

For  interest  fund,  dollars. 


SJ^  SCHOOL    LAWS 

For  sinking  fund,  ' dollars. 

Total 

Signed,   

District  Clerk. 
§  5.  Accounts — How  Kept.]  All  moneys  apportioned 
by  the  county  superintendent  to  the  district  or  received 
from  the  district  tax  for  tuition  purposes  shall  constitute 
tlie  tuition  fund.  All  moneys  received  from  other  sources 
shall  constitute  the  general  fund.  The  treasurer  shall 
keep  one  general  account  wherein  he  shall  set  down  on  the 
debit  side  all  the  money  he  shall  receive  as  treasurer  from 
all  sources  whatever,  each  item  of  entry  showing  plainly 
the  source  of  the  particular  payment  to  him,  with  the  date 
thereof,  and  he  shall  set  down  upon  the  credit  side  all  the 
money  he  shall  pay  out  for  all  purposes  whatever;  every 
item  thereof  showing  to  whom  and  for  what  purpose  each 
payment  was  made  with  the  date  thereof.  The  debit  side 
shall  always  be  balanced  by  the  total  of  the  credit  side 
with  the  funds  on  hand  added  thereto.  At  the  beginning 
of  every  school  year  he  shall  open  such  account  anew  for 
that  year,  and  the  tirst  item  shall  be  an  entry  on  the  debit 
side  of  the  balance  on  hand,  if  any,  for  the  preceding  year. 
He  shall  also  keep  a  separate  set  of  accounts  of  different 
classes  of  receipts  and  expenditures,  showing  severally  the 
following: 

RECEIPTS 

Amount  received  into  the  tuition  fund  from  all  sources .... 
Amount  received  into  the  general  fund  from  all  sources .... 
Amount  received  into  the  interest  fund  from  all  sources.  . . 
Amount  received  into  the  sinking  fund  from  all  sources.  . . 

EXPENDITURES 

Amount  paid  for  tuition 

Amount  paid  for  school  houses,  sites  and  furniture 

Amount  paid  for  incidental  expenses 

Amount  paid  as    interest  on  bonds 

Amount  paid    upon  debts   and   liabilities   not   included   in 

other  items 

The  several  accounts  shall  be  separately  kept  and  re- 
quired to  balance.  The  accounts  for  different  classes  of 
receipts^shall  be  kept  separately  from  the   accounts  of  the 


SCHOOL    LAWS  85 

different  classes  of  expenditures,  but  every  entry  in  each 
shall  fully  and  clearly  designate  its  source  or  purpose  with 
the  dates. 

§  6.  School  Sites.]  The  district  school  board  shall 
purchase  or  lease  such  site  for  a  school  house  as  shall  have 
been  desig"nated  by  the  voters  at  a  district  meeting  the 
corporate  name  thereof,  and  shall  move  any  school  house 
in  the  district  to  any  site  designated  by  the  voters  at  any 
regular  or  special  district  meeting  and  shall  build,  hire  or 
purchase  such  school  house  as  the  voters  of  the  district  in 
a  district  meeting  shall  have  agreed  upon,  out  of  the  funds 
provided  for  that  purpose,  and  make  sale  of  any  school 
house  or  property  of  the  district,  and  if  necessary,  execute 
a  conveyance  of  the  same  in  the  name  of  the  district  when 
lawfully  directed  by  the  voters  of  such  district  at  any  regu- 
lar or  special  meeting,  and  shall  carry  into  effect  all  law- 
ful orders  of  the  district. 

§  7.  Board  May  Take  Land.]  It  shall  be  lawful  for 
any  board  of  district  officers  to  take  and  hold  any  land 
not  exceeding  two  (2)  acres,  situated  upon  a  section  line 
or  upon  a  regularly  laid  out  highway,  legally  chosen  as  a 
school  house  site  by  a  lawful  district  meeting.  If  the 
owner  of  such  land  refuses  or  neglects  to  grant  such  site 
to  the  district,  or  cannot  be  found,  the  superintendent  of 
that  couQty  shall  upon  application  proceed  according  to 
law  to  condemn  and  acquire  title  to  the  same  in  the  name 
of  said  district; 

Provided,  That  whinever  a  school  house  site  shall  have 
been  selected  by  the  properly  constituted  authority  of 
school  districts  on  common  school  or  endowment  lands  of 
this  state,  not  exceeding  two  acres  in  a  square  form  and 
located  on  a  section  line  or  on  a  regularly  established 
highway  and  at  one  corner  of  a  legal  subdivision  and  not 
within  forty  rods  of  any  residence,  without  the  consent  of 
the  owner  thereof,  and  a  plat  of  the  lands  so  selected  shall 
have  been  filed  in  the  office  of  the  Commissioner  of  School 
and  Public  Lands;  the  Board  of  School  and  Public  Lands, 
is  hereby  authorized  to  direct  an  appraisement  of  such  site 
by  the  State  Board  of  Appraisers  and  the  same  shall  be 
appraised  in  the   manner  provided  by  law  for  the  appraise- 


S6  SCHOOL    LAWS 

ment  of  school  and  public  lands.  Such  appraisement 
shall  not  be  less  than  the  minimum  price  fixed  by  the  con- 
stitution  for  school  and  public  lands. 

§  8.  Condition.]  Upon  the  payment  of  the  full  amount 
of  the  appraised  price  of  such  site  a  conveyance  shall  be 
executed  by  the  Governor,  attested  by  the  Commissioner 
of  School  and  Public  Lands,  with  his  seal  of  office  affixed; 
conditioned  that  should  the  same  cease  to  be  used  for  two 
successive  years  for  the  purpose  of  maintaining  a  public 
school  thereon,  that  the  title  shall  revert  to  the  owner  of 
the  legal  subdivision  of  which  said  site  forms  a  part, 

§  9.  Reports  in  English.]  All  reports  and  records  of 
district  officers  and  proceedings  of  district  meetings  shall 
be  subject  to  the  approval  of  the  county  superintendent, 
and  if  any  money  belonging  to  any  district  shall  be 
expended  for  supporting  a  school  in  which  the  English 
language  shall  not  be  taught  exclusively,  the  countj^  super- 
intendent or  any  taxpayer  of  the  district  may,  in  a  civil 
action,  in  the  name  of  the  district,  recover  said  money  from 
the  officers  so  expending  it. 

§  10.  Clerk  of  District  Meetings.]  The  district  clerk 
shall  be  clerk  of  all  district  meetings,  but  if  such  clerk 
shall  not  be  present,  or  being  present,  shall  refuse  to  act 
at  such  district  meeting,  the  voters  present  may  appoint  a 
clerk  for  such  meeting,  who  shall  certify  the  proceedings 
thereof,  and  the  same  shall  be  recorded  by  the  clerk  of  the 
district. 

§  11.  Webster's  Dictionary.]  In  all  schools  not  pro- 
vided V7ith  a  dictionary  at  the  taking  effect  of  this  act,  the 
district  school  board  shall  provide  for  each  school  in  the 
district  one  Webster's  dictionary  within  thirty  days  after 
the  request  for  the  same  has  been  made  by  the  teacher. 
And  they  may  also  provide  for  each  school  other  high 
grade  library  books  and  books  of  reference,  as  they  may 
deem  for  the  best  interest  of  the  schools; 

Provided,  said  expense  shall  not  exceed  ten  ($10)  dol- 
lars for  any  school  in  any  one  year. 

And  it  is  especially  provided  that  no  district  board 
shall  buy  any  chart,  globes    or  similar  device,     in  any   one 


SCHOOL    LAWS  '         87 

year,  the  cost  of  which  shall  exceed  ten  ($10)  dollars,  un- 
less authorized  to  do  so  by  a  majority  of  the  school  board 
at  any  regular  or  special  meeting-  thereof,  the  said  pur- 
chase shall  have  been  approved  by  the  county  superin- 
tendent of  schools. 

§  12.  Clerk  Shall  Draw  Warrant.]  The  clerk  shall 
draw  and  sign  all  warrants  for  the  payment  of  money  for 
the  purpcse  legally  ordered  by  the  board,  and  every  such 
warrant  shall  be  countersigned  by  the  chairman  of  the 
board.  No  warrant  shall  be  drawn  by  the  clerk  except 
upon  the  presentation  of  a  bill  for  the  service  rendered, 
duly  certified,  and  the  same  shall  be  retained  by  him  as  a 
voucher  and  placed  on  file  in  his  office. 


CHAPTER  VI. 

TEACHERS  AND  SCHOOLS. 

§  1.  Teachers — How  Employed.]  Teachers  shall  be 
employed  only  upon  the  exhibition  of  a  teacher's  certificate 
valid  in  the  county  where  employed,  and  then  only  upon  a 
written  contract  signed  by  the  teacher  and  at  least  two  (2) 
members  of  the  district  school  board  which  shall  specify 
the  date  at  or  about  which  the  school  shall  begin,  the 
length  of  time  it  shall  continue,  the  wages  per  month,  and  the 
time  of  payment  thereof,  and  said  contract  shall  be  signed 
in  duplicate  and  one  (1)  copy  filed  in  the  office  of  the  clerk 
and  the  other  retained  by  the  teacher.  The  following 
conditions  shall  be  understood  as  forming  a  part  of  every 
contract  whether  expressed  therein  or  not.  (1)  The 
teacher  shall  not  hold  school  upon  any  of  the  following 
legal  holidays:  the  thirtieth  (30)  day  of  May,  the  fourth 
day  of  July,  the  day  appointed  by  the  President  of  the 
United  States  for  national  thanksgiving  and  the  twenty- 
fifth  day  of  December.  But  such  days  shall  count  as 
part  of  the  term  and  the  teacher  shall  be  paid  therefor,  but 
such  pay  shall  not  be  drawn  for  any  Sunday.  (2)  School 
shall  be  adjourned  during  the  session  of  the  county  normal 
institute,  when  the  teachers  have  been  notified  by  the 
county  superintendent.  (8)  Teachers  shall  receive  into 
their  schools  pupils  transferred  thereto  by  order  of  the 
district  board,  or  admitted  by  its  authority.      (4)    Teachers 


S8  SCHOOL    LAWS 

shall  send  the  notices,  keep  proper  entries  in  the  register 
which  will  show  the  g-rade  in  which  each  pupil  belongs, 
the  pupil's  standing  as  shown  by  the  examination  and  such 
other  information  as  will  assist  the  succeeding  teacher  in 
the  conduct  and  management  of  the  school,  and  make  the 
reports  required  by  law,  and  the  county  superintendent 
shall  promptly  furnish  without  cost  to  the  teacher  the 
blank  forms  for  such  reports,  and  the  district  board  shall 
furnish  for  use  the  proper  register  prepared,  so  that  the 
required  facts  and  statistics  can  be  kept  in  an  orderly  man- 
ner. (5)  Teachers  shall  classify  their  work  of  the  schools 
in  accordance  with  the  suggestions,  grades  and  outlines  as 
prescribed  in  the  course  of  study  recommended  by  a  ma- 
jority of  the  county  superintendents  of  the  state  and  the 
Superintendent  of  Public  Instruction,  and  shall  hold  ex- 
aminations and  make  reports  as  prescribed  therein. 

§  2.  Teacher's  Register.]  The  board  of  every  school 
district  shall  provide  one  (1)  classification  school  register 
for  each  school  therein  which  shall  conform  to  the  form 
prescribed  in  the  book  of  forms  as  provided  in  Section  8, 
Chapter  1,  of  this  Act  and  keep  the  same  as  part  of  the 
records  of  his  office  except  during  each  term  of  school, 
when  the  teacher  shall  keep  said  register  and  record 
therein  each  day  the  attendance  of  each  pupil  and  the 
absence  of  those  enrolled,  and  all  other  items  necessary 
for  making  the  report  in  the  next  section  required. 

§  3.  Teachers  Shall  Make  Report.]  Every  teacher  of 
a  common  school  unaer  this  law  shall  at  the  expiration  of 
each  term  immediately  make  out  full  duplicate  reports  and 
deliver  one  cojDy  thereof  to  school  clerk,  and  one  to  the 
county  superintendent.  Such  report  shall  show  the 
names,  ages  and  sex  of  all  pupils  admitted  during  the 
term,  the  branches  taught,  studies  pursued  by  each  pupil, 
the  text  books  used,  the  number  of  days  taught,  the  num- 
ber of  days  each  pupil  was  present,  the  average  daily 
attendance,  the  date  when  school  began  and  ended,  the 
salary  per  month,  and  information  concerning  the  school 
and  property.  In  addition  to  the  above  the  report  shall 
show  the  grade  in  which  each  pupil  belongs,  his  standing 
as   shown   by   the    monthly    and  term    examinations,    the 


SCHOOL    LAWS  39 

daily  program  of  class  recitations,  and  such  other  informa- 
tion as  may  be  required  by  the  county  superintendent. 
The  teacher  shall  also  make  monthly  reports  to  parents 
and  to  county  superintendents  when  blanks  for  the  same 
are  furnished.  And  until  such  report  shall  have  been 
so  filed  with  the  clerk,  the  school  board  shall  not  pay 
more  than  ninety  (90)  per  cent  of  the  wages  of  such  teacher 
for  his  or  her  services  as  such,  for  the  time  required  to  be 
covered  by  such  report.  » 

§  4.  Shall  Give  Notice.]  Every  teacher  on  commenc- 
ing- a  term  of  school  shall  give  written  notice  to  the  county 
superintendent  of  the  time  and  place,  beginning  of  such 
school,  and  the  probable  time  when -it  will  end. 

§  5.  Penalty  for  Disturbing  School.]  Every  person, 
whether  pupil  or  not,  who  shall  wilfully  molest  or  disturb 
a  public  school  when  in  session,  or  who  shall  wilfully  in- 
terfere with  or  interrupt  the  proper  order  or  management 
of  a  public  school  by  acts  of  violence,  boisterous  conduct 
or  threatening  language,  so  as  to  prevent  the  teacher  'or 
any  pupil  from  performing  his  duty,  shall  upon  conviction 
thereof  be  punished  by  a  fine  not  exceeding  twenty-five 
(|25)  dollars  or  by  imprisonment  in  the  county  jail  not 
more  than  ten  (10)  days,  or  by  both  such  fine  and  imprison- 
ment. 

§  6.  Reading  of  Moral  Instruction.]  Moral  instruc- 
tion, intended  to  impress  upon  the  mind  of  pupils  the 
importance  of  truthfulness^,  temperance,  pifrit}^  public 
spirit,  patriotism  and  respect  for  honest  labor,  obe<Jience 
to  parents,  and  due  deference  for  old  age,  shall  be  given 
by  every  teacher  in  the  public  service  of  the  state. 


CHAPTER  VII. 

COMPULSORY    EDUCATION. 

§  1.  Attendance — Period  of — Penalty.]  Every  person 
having  under  his  control  a  child  between  the  age  of  eight 
and  fourteen  years,  shall  annually  cause  such  child  to  at- 
tend for  at  least  twelve  weeks,  at  least  eight  weeks  of 
which  attendance  shall  be  consecutive,  in  some  public  day 
school  in  the  district  in  which  he  resides,  which  time  shall 


40  SCHOOL    LAWS 

commence  with  the  beg'inning-  of  the  first  term  of  the  school 
year  or  as  soon  thereafter  as  due  notice  shall  be  served 
upon  the  person  having-  such  control  of  his  duty  under  this 
act.  For  every  neglect  of  such  duty,  the  person  offend- 
ing- shall  forfeit  to  the  use  of  the  public  schools  of  his 
school  corporation  a  sum  not  less  than  ten  ($10)  dollars 
nor  more  than  twenty  (|20)  dollars,  and  shall  stand  com- 
mitted until  such  fine  and  costs  of  suit  are  paid.  But  if 
the  person  so  neglecting-  shall  show  to  the  board  of  educa- 
tion or  district  school  board,  as  the  case  may  be,  that  such 
child  has  attended  for  a  like  period  of  time  a  private  day 
school,  or  that  instruction  has  otherwise  been  given  for  a 
like  period  of  time  to  such  child,  in  branches  commonly 
taug-ht  in  public  school*  that  such  child  has  already  ac- 
quired the  branches  of  learning-  taught  in  the  public 
schools,  or  that  his  physical  or  mental  condition  as  de- 
clared by  a  competent  physician  is  such  as  to  render  such 
attendance  inexpedient  and  impracticable  then  such 
penalty  shall  not  be  incurred.  Such  fine  shall  be  paid 
when  collected,  to  the  county  treasurer,  or  the  treasurer 
of  such  city  or  independent  district  in  which  such  child 
and  parents  reside,  to  be  credited  by  him  as  other  money 
raised  for  school  purposes  to  the  district  from  which  it 
came. 

§2.  Arr-st  of  Truant  Children.]  It  shall  be  the  duty 
of  the  president  of  the  board  of  education  in  every  city  or 
other  independent  school  district  and  the  chairman  of  every 
district  school  board  to  carefully  inquire  concerning  all 
supposed  violations  of  this  Act  and  to  enter  complaint 
against  all  persons  who  shall  appear  to  be  guilty  of  such 
violation.  It  shall  also  be  the  duty  of  said  officers  to  ar- 
rest children  of  a  school  going  age  who  habitually  haunt 
public  places  and  have  no  lawful  occupation,  and  also 
truant  children  who  absent  themselves  from  school  without 
leave,  and  to  place  them  in  charge  of  the  teacher  having 
charge  of  the  public  schools  which  said  children  are  by 
law  entitled  to  attend.  And  it  shall  be  the  duty  of  said 
teacher  to  assign  such  children  to  the  proper  classes  and 
instruct  them  in  such  studies  as  they  are  fitted  to  pursue. 
Any  school  officer  neglecting  or  failing  to  perform  the  duty 


SCHOOL    LAWS  4I 

required  of  him  by  this  chapter  shall  be  liable  to  a  fine  of 
not  less  than  ten  ($10)  dollars  nor  more  than  twenty  (S20) 
dollars  for  every  such  offense. 

§  3.  Employment  of  Children.]  No  child  between 
eight  and  fourteen  years  of  age  shall  be  employed  in  any 
mine,  factory  or  workshop  or  mercantile  establishment,  or, 
except  by  his  parent  or  guardian,  in  any  other  manner  dur- 
ing the  hours  when  the  public  schools  in  the  city,  town, 
village  or  district,  are  in  session  unless  the  person,  firm  or 
corporation  employing  him  shall  first  procure  a  certificate 
from  the  superintendent  of  the  schools  of  the  city,  towm  or 
village,  if  one  be  employed,  otherwise  from  the  clerk  of 
the  school  board  or  board  of  education,  stating  that  such 
child  has  attended  school  for  the  period  of  twelve  weeks 
during  the  year,  as  required  by  law,  or  has  been  excused 
from  attendance  as  provided  in  Section  1  of  this  article; 
and  it  shall  be  the  duty  of  such  superintendent  or  clerk  to 
furnish  such  certificates  upon  application  of  the  parent, 
guardian  or  other  person  having  control  of  such  child,  en- 
titled to  the  same.  Every  owner,  superintendent  or 
overseer  of  any  mine,  factory,  workshop,  or  mercantile  es- 
tablishment, and  an}^  other  person  who  shall  employ  any 
child  between  eight  and  fourteen  years  of  age  contrary  to 
the  provisions  of  this  article,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  for  every  such  offense  shall  upon  con- 
viction thereof,  be  fined  not  less  than  ten  ($10)  dollars  nor 
more  than  twenty  ($20)  dollars  and  costs. 

§  4.  False  Statement.]  Any  person  having  control 
of  a  child  who  with  the  intent  to  evade  the  provisions  of 
this  Act,  shall  make  a  wilfully  false  statement  concerning 
the  age  of  such  child  or  the  time  such  child  has  attended 
school,  shall  for  such  an  offense  forfeit  a  sum  not  less  than 
ten  ($10)  dollars  nor  more  than  twenty  ($20)  dollars  for  the 
use  of  the  public  school  corporation. 

§  5.  Prosecution — How  and  by  Whom  Made.]  Prose- 
cutions under  this  Act  shall  be  instituted  and  carried  on  by 
the  district  school  board  or  the  chairman  of  the  board  of 
education  in  independent  districts  or  the  county  superin- 
tendent. 

Provided,    That  all   prosecutions   of  school  officers  for 


J^2  SCHOOL    LAWS 

their   neglect    of   duty    reg-arding-   the    provisions  of   this 

Chapter   shall  be   instituted  and    carried  on    by  the  county 

superintendent, 

§  6.  Courts  Having-  Jurisdiction.]  Police  and  munici- 
pal courts,  justices  of  the  peace  and  judges  of  the  county 
court  shall  have  jurisdiction  within  their  respective  coun- 
ties of  the  offense  described  in  this  Act. 


CHAPTER  VIII. 

MISCELLANEOUS. 

§  1.  Definition  of  School  "  Days.]  The  school  year 
shall  begin  July  (1)  one  and  end  June  (30)  thirty.  A 
school  month  shall  consist  of  twenty  (20)  days,  a  school 
week  of  five  (5)  school  days,  a  school  day  of  five  and  one- 
half  hours,  exclusive  of  intermissions. 

Provided,  That  the  time  specified  as  a  school  day  shall' 
not  apply  to  primary  schools;  Saturdays  shall  not  be 
counted  as  school  days. 

§  2.  Illegal  Contracts.]  No  contract  binding  on  the 
school  district  shall  be  made  in  any  case  except  by  the 
school  board  or  'board  of  education,  acting  as  such,  ata 
regular  meeting  or  regularly,  called  special  meeting,  ex- 
cepting contraccs  made  for  the  employment  of  teachers. 

§  3.  Penalty  for  False  Report.]  Any  clerk  or  treas- 
urer of  a  school  district  who  shall  wilfully  sign  or  transmit 
a  false  report  to  the  county  superintendent,  or  wilfully 
sign,  issue  or  publish  a  false  statement  of  facts  purporting 
or  appearing  to  be  based  upon  books,  accounts  or  records, 
or  of  the  affairs,  resources  and  credit  of  the  school  district, 
shall  upon  conviction  be  punished  by  a  fine  of  not  exceed- 
ing fifty  (^50)  dollars  or  by  imprisonment  in  the  county  jail 
not  exceeding  fifteen  days.  And  any  clerk  or  treasurer 
of  a  school  district  who  shall  wilfully  mutilate  or  destroy 
any  of  the  books,  accounts  or  records  of  h:s  office,  or  w^ho 
shall  refuse  to  deliver  to  his  successor  in  office  all  the 
books,  accounts,  moneys  and  records  of  his  office,  upon  de- 
mand of  his  successor  for  the  same,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  it  shall  be  the  duty  of  said  succes- 
sor to   be^in  action   immediately    upon  the  official  bond  of 


SCHOOL    LAWS  43 

such  officer  for   recovery  of  such   money  or  other  property. 

§  4.  Must  Qualify.]  No  officer  of  a  school  district 
shall  perform  any  duties  of  the  office  nor  receive  any  of  the 
property,  money,  .books  or  papers  belong-ing-  to  the  office, 
nor  any  money  from  the  county  treasurer,  or  warrant 
thereof,  until  he  has  fully  qualified  as  required  by  law. 

§  5.  Vacancy — How  Filled.]  If  any  person  appointed 
or  elected  to  a  school  district  office  shall  for  one  month 
after  the  time  fixed  by  law  fail  to  qualify  or  give  bond  as 
provided  by  law,  the  office  shall  be  deemed  vacant  and  the 
county  superintendent  shall,  when  notified  of  such  vacancy, 
proceed  to  fill  the  same  by  appointment.  Whenever  a 
treasurer  of  a  school  district  by  election  or  appointment, 
becomes  his  own  successor,  he  shall  g"ive  new  bonds,  and 
all  such  officers  shall  qualify  anew^  upon  entering  upon  a 
new  term.  If  from  sickness  or  any  other  cause,  such 
officer  shall  become  incapacitated  or  unable  to  attend  to 
the  duties  of  his  office,  the  fact  shall  be  certified  to  the 
county  superintendent  by  the  clerk  of  the  school  district. 
If  the  clerk  fails  to  notify  the  county  superintendent  of 
any  vacancy  that  may  exist,  it  shall  be  the  duty  of  the  re- 
maining officer  or  officers  to  do  so,  and  a  successor  shall  be 
appointed  to  fill  such  vacancy,  and  such  appointment  shall 
be  held  official  until  the  next  regular  election. 

§6.  Records  Open  to  Inspection.]  All  reports  and  all 
books,  records,  vouchers,  contracts  and  papers  of  all  kinds 
relating  to  the  school  houses,  schools,  and  school  business 
in  the  district  in  the  office  of  the  clerk  or  treasurer,  shall 
be  at  all  times  open  to  the  inspection  of  the  chairman,  who 
shall  advise  and  aid  toward  securing  correct  records  and 
accounts,  and  legal  reports,  and  they  shall  likewise  be 
open  to  the  inspection  of  state  and  county  superintendents, 
and  any  particular  paper  or  record  shall  be  exhibited  at 
reasonable  hours  to  the  examination  of  any  voter  or  tax 
payer. 

§7.  Tax  Levy  to  Satisfy  Judgment.]  Whenever  any 
final  judgment  shall  be  obtained  against  any  school  corpo- 
ration, the  board  thereof  shall  levy  a  tax  upon  the  taxable 
property  in  the  corporation  for  the  payment  thereof,  and 
such  tax  shall   be  collected   as  other   school  taxes,    but  no 


4^  SCHOOL    LAWS 

execution  shall  issue  against  a  school  corporation;  such  tax 
or  taxes  shall  not  be  greater  than  two  (2)  per  cent  in  any 
one  year,  and  any  surplus  fund  in  the  treasury  of  the 
school  corporation  may  be  appropriated  to  the  payment  of 
a  judgment.  If  the  school  board  shall  refuse  or  fail  to 
levy  such  tax,  the  judgment  creditor  may  apply  to  the 
board  of  county  commissioners,  who  shall  cause  such  tax 
to  be  levied  upon  the  property  of  the  school  district. 
When  collected  it  shall  be  paid  over  by  the  county  treas- 
urer to  the  judgment  creditor,  whose  receipt  therefor  shall 
be  delivered  the  same  as  money  to  the  treasurer  of  the 
school  corporation  by  the  county  treasurer.  Such  levy 
may  be  repeated  antil  the  judgment  is  paid. 

§  8.  Jurisdiction  in  School  Suits.]  Justices  of  the 
peace  shall  have  jurisdiction  in  all  cases  in  which  a  school 
corporation  is  a  party  interested  w^hen  the  amount  that  is 
claimed  does  not  exceed  one  hundred  ($100)  dollars  and  the 
party  shall  have  the  right  to  appeal  as  in  other  cases. 

§  9.  Pines  and  Penalties.]  All  fines  and  penalties 
not  otherwise  provided  for  in  this  Act  shall  be  collected 
by  action  in  any  court  of  competent  jurisdiction. 

§  10.  Assessor — Duty  of.]  Every  township  or  county 
assessor  shall  on  or  before  the  first  day  of  July  in  each 
year,  furnish  to  the  clerk  of  each  school  corporation,  the 
real  property  of  which  he  assesses,  a  certificate  of  the  val- 
uation of  all  real  property  and  of  all  personal  property  and 
of  the  total  of  these  subject  to  taxation  within  the  corpora- 
tion for  the  current  year. 

§  11.  Majority  Rule.]  Words  giving  a  joint  authority 
to  three  or  more  public  officers  or  other  persons  are  con- 
strued as  giving  such  authority  to  a  majority  of  them  un- 
less it  be  otherwise  expressed  in  the  section  or  law  giving 
the  authority,  and  when  a  decision  or  direction  is  made  by 
the  majority  of  such  officers  or  persons,  it  is  the  duty  of 
the  one  to  whom  its  execution  belongs  by  law,  to  execute 
the  same  in  all  respects  as  if  he  had  favored  the  particular 
decision  or  direction,  as  if  it  were  authorized  unanimously. 

§  12.  County  Commissioners  to  Levy  Tax.]  The 
county  commissioners  of  each  county  shall  levy  a  tax  of 
"one  dollar- on  each  elector  in  the  county  for  the  support  of 


SCHOOL    LAWS  Jf5 

the  common  schools,  and  no  property  shall  be  exempt 
from  the  collection  of  such  tax  by  distress  or  otherwise, 
which  taxes  when  so  collected  shall  be  distributed  to  the 
several  school  corporations  in  the  county  in  proportion  to 
tile  number  of  children  resident  in  the  territory  of  each 
over  six  and  under  twenty -one  years  of  age. 

§  13.  Annual  School  Election.]  The  school  district 
annual  election  shall  be  held  upon  the  third  Tuesday  of 
June  in  each  year. 

§  14.  Branches  to  be  Taught.]  Instruction  shall  be 
given  in  the  common  schools  of  the  state  in  the  following 
branches,  in  the  several  grades  in  which  each  may  be  re- 
quired, viz:  Reading,  writing,  orthography,  arithmetic; 
geography,  primary  language  and  English  grammar,  his- 
tory of  the  United  States,  physiology  and  hygiene,  with 
special  instruction  as  to  the  nature  of  alcoholic  drinks  and  / 
their  effects  upon  the  human  system,  and  civil  government.  J 

§  15.  Form  of  Oath.]-  All  school  district  officers  be- 
fore entering  upon  the  duties  of  their  respective  offices 
shall  take  an  oath  to  support  the  constitution  of  the  United 
States  and  of  the  State  of  South  Dakota,  and  faithfully 
and  impartially  to  perform  the  duties  of  such  office. 

§  .6.  Penalty  for  Defacing  School  Property.]  Any 
person  who  cuts,  defaces  or  otherwise  injures  any  school 
house,  apparatus  or  outbuildings  thereof,  is  liable  to  sus- 
pension or  expulsion;  and  on  the  complaint  of  the  teacher 
to  the  director,  or  to  the  clerk  of  the  school  board  the  par- 
ents or  guardians  of  such  pupils  shall  be  liable  for  all 
damages. 

§  17.  Reading  Circle.]  It  shall  be  the  duty  of  the 
county  superintendent  to  encourage  the  formation  of  teach- 
ers' reading  circles  in  his  county.  He  shall  report  on  or 
before  December  fifteenth  of  each  year  to  the  secretary  of 
the  State  Teachers'  Reading  Circle  the  enrollment  of  all 
persons  in  his  county  known  to  him  to  be  pursuing  the 
work  of  said  circle;  plans  by  which  the  work  thereof  is 
being  carried  on  and  all  matters  of  general  interest  thereto. 
He  shall,  under  the  direction  of  the  superintendent  of  pub- 
lic instruction,  arrange  for  an  annual  examination  in  the 
State  Teachers'  Reading    Circle  course   in  his  county,    and 


Jl,6  SCHOOL    LAWS 

it  shall  be  his  duty  to  preside  at  the  same  or  to  appoint 
some  competent  person  to  do  so;  to  collect  all  papers  sub- 
mitted and  to  forward  the  same  promptly  to  the  secretary 
of  the  board  of  manag-ers.  He  shall  co-operate  as  fully  as 
possible  with  the  managers  of  the  State  Teachers'  Reading- 
Circle  in  advancing-  the  work  of  that  org-anization. 

§  18.  Duties  of  School  Officers — Penalty.]  Any  school 
district  officer  who  is  required  by  law  to  make  a  report  to 
any  other  county  or  school  district  officer,  and  who  shall 
wilfully  neg-lect  to  make  such  report  or  fail  to  perform 
such  official  duties,  shall  forfeit  and  pay  to  the  school 
funds  of  said  county  or  district  a  penalty  of  not  less  than 
ten  ($10)  dollars  nor  more  than  fifty  ($50)  dollars,  to  be  re- 
covered from  such  delinquent  officer  or  from  him  and  his 
sureties  in  the  official  bond,  in  a  civil  action,  to  be  brot  by 
the  state's  attorney  in  any  court  of  record  having-  jurisdic- 
tion. 

§  19.  School  District  Defined.]  Any  school  district 
containing-  one  or  more  schools  except  those  governed  by 
the  provisions  of  Chapter  XI  relating-  to  cities,  towns,  and 
adjacent  territory  organized  as  independent  districts,  are 
for  the  purpose  of  this  Act  defined  to  be  school  districts. 


CHAPTER  IX. 

SCHOOI.    BONDS. 

§  1.  Vote  for  Issue  of  Bonds.]  Whenever  the  qualified 
electors  of  a  school  district  shall  at  any  regular  or  special 
meeting  held  for  that  purpose,  vote  to  issue  school  district 
bonds  for  the  purpose  of  building  and  furnishing  a  school 
house  and  purchasing  grounds  on  which  to  locate  the  same, 
or  to  fund  an  outstanding  indebtedness,  the  school  district 
board  may  lawfully  issue  such  bonds  in  accordance  with 
the  provisions  of  this  Act. 

Provided,  however.  That  the  question  of  issuing  bonds 
shall  not  be  submitted  to  a  vote  of  the  district  and  no  meet- 
ing shall  be  called  for  that  purpose  until  the  school  district 
board  shall  have  been  petitioned  in  writing  by  one-third  of 
the  voters  resident  in  said  school  district. 


SCHOOL    LAWS  47 

§  2.  Bond  Election.]  Before  the  question  of  issuing- 
bonds  shall  be  submitted  to  a  vote  of  the  school  district, 
notices  shall  be  posted  in  at  least  three  (3)  public  and  con- 
spicuous places  in  said  district,  stating-  the  time  and  place 
of  meeting-,  the  amount  of  bonds  proposed  to  be  issued  and 
the  time  in  which  they  shall  be  made  payable;  said  notices 
shall  be  posted  not  less  than  twenty  (20)  days  before  the 
meeting,  and  the  voting  shall  be  done  by  means  of  written 
ur  printed  ballots,  and  all  ballots  deposited  in  favor  of  is- 
suing the  bonds  shall  have  thereon  the  words,  "For  issu- 
ing bonds;"  and  those  opposed  thereto  shall  have  thereon 
the  words,  "Against  issuing  bonds;"  and  if  a  majority  of 
all  the  votes  cast  shall  be  in  favor  of  issuing  bonds,  the 
school  board,  thru  its  proper  officers,  shall  forthwith  pro- 
ceed to  issue  bonds  in  accordance  with  the  vote,  but  if  a 
majority  of  all  the  votes  cast  are  against  issuing  bonds, 
then  no  further  action  can  be  had,  and  the  question  shall 
not  again  be  submitted  to  a  vote  for  one  year  thereafter, 
except  for  a  different  amount. 

§  3.  Denomination  of  Bonds.]  The  denomination  of 
the  bonds  which  may  be  issued  under  the  provisions  of 
this  Act  shall  be  fifty  ($50)  dollars  or  some  multiple  of 
fifty,  not  exceeding  two  hundred  ($200)  dollars,  and  shall 
bear  interest  at  the  rate  of  not  exceeding  seven  per  cent 
per  annum,  payable  semi-annually  in  accordance  with  in- 
terest coupons,  which  shall  be  attached  to  said  bonds;  and 
no  greater  amount  than  one  thousand  ($1000)  dollars  can  be 
issued  for  any  one  school  house  except  in  towns  and  vil- 
lages of  more  than  three  hundred  inhabitants,  and  in  such 
districts  the  amount  shall  not  exceed  four  per  cent,  of  its 
assessed  valuation  and  may  be  made  payable  in  not  less 
than  three  nor  more  than  fifteen  years  from  date,  in  an- 
nual, biennial  or  triennial  succession. 

§  4.  Requirements  as  to  Form.]  Whenever  any  bonds 
are  issued  under  the  provisions  of  this  Act,  they  shall  be 
lithographed  or  printed  on  good  bond  paper  and  shall  state 
upon  their  face  the  date  of  their  issue,  the  amount  of  the 
bond,  to  whom  and  for  what  purpose  issued  also  the  time 
and  place  of  making,  and  the  rate  of  interest  to  be  paid. 
They  shall  have  printed  upon  the    margin  the  words    "Au- 


J^8  SCHOOL    LAWS 

thorized  by  the  Act  of  the  Legislative  Assembly  of  the 
State  of  South  Dakota,  A.  D.,  1891,  "  and  upon  the  back  of 
the  bonds  a  certificate  signed  by  the  county  auditor  in  sub- 
stantially the  following  form: 

'  '1  certify  that  the  within  bond  is  issued  in  accordance 
with  law,  and  is  within  the  debt  limits  permitted  by  the 
constitution  of  the  State  of  South  Dakota,  and  in  accord- 
ance with  a  vote  of school  district  at   a  regular   (or 

special)   meeting  on  the day  of A.  D.,  19.  .,to 

issue  bonds  for  the  amount  of Dollars." 

They  shall  be  signed  by  the  chairman  and  clerk  of  the 
school  board  and  shall  be  registered  and  numbered  in  a 
book  to  be  kept  by  the  clerk  for  t^at  purpose,  in  which 
shall  be  entered  the  number,  date  and  name  of  person  to 
whom  issued,  and  the  dates  when  the  sum  shall  become 
due. 

§  5.  Sinking  Fund.]  In  any  school  district  where 
there  are  bonds  outstanding  the  school  board  shall  have 
power  at  the  time  the  school  taxes  are  levied  to  levy  a  tax 
in  addition  to  the  tax  provided  for  in  Section  3,  Chapter  5 
of  this  Act,  sufficient  to  pay  the  interest  on  said  outstand- 
ing bonds  as  the  same  may  become  due  and  not  to  exceed 
fifteen  per  cent  of  the  principal  as  a  sinking  fund.  The 
said  tax  shall  be  certified  to  the  county  auditor  by  the 
school  clerk  at  the  same  time  that  the  levies  for  other  pur- 
poses are  certified. 

The  money  obtained  from  the  levies  for  the  interest 
and  sinking  fund  shall  not  be  used  for  any  other  purpose 
than  that  for  which  the  levies  are  made; 

Provided,  That  when  any  school  district  shall  here- 
after issue  bonds,  the  school  district  board  shall  at  or  be- 
fore the  time  of  so  doing  provide  for  the  levy  of  an  annual 
tax  sufiicient  to  pay  the  interest  and  principal  thereof 
when  due,  and  all  such  levies  when  legally  made  shall  be 
irrepealable  until  such  debt  is  paid. 

Provided,  however.  That  such  levy  shall  not  be  greater 
than  fifteen  (15)  per  cent  in  any  one  year  of  the  debt  to  be 
paid.  The  school  board  may  in  their  discretion  purchase 
any  of  its  outstanding  bonds  at  their  market  value  and  pay 
for  the  same  out  of  the  sinking  fund. 


SCHOOL    LAWS  Jf9 

§  6.  Sale  of  Bonds.]  "Whenever  any  bonds  shall  be 
issued  under  the  provisions  of  this  Act,  the  school  district 
treasurer  shall  have  authority  to  negotiate  and  sell  such 
bonds  for  not  less  than  par,  and  the  proceeds  shall  be  used 
exclusively  for  the  purpose  of  building-  and  furnishing  a 
school  house,  and  in  payment  for  a  site  for  the  same  and 
for  necessary  buildings. 

§  7.  Bonds  a  Lien.]  Bonds  issued  under  the  pro- 
visions of  this  Act  shall  be  a  lien  upon  tlie  taxable  property 
of  the  school  district  issuing  them,  and  when  any  school 
board  neglects  or  refuses  to  levy  a  tax  in  accordance  with 
law  to  meet  any  outstanding  bonds  or  interest  thereon,  the 
county  auditor  shall  have  powder  to  levy  such  tax,  and 
when  collected  to  apply  the  proceeds  to  the  payment  of 
such  coupons  and  bonds. 

§  8.  Cancellation  of  Bonds.]  Whenever  the  bonds  of 
any  school  district  shall  have  been  redeemed  by  the  school 
board,  they  shall  be  cancelled  by  writing  or  printingg  in 
red  ink  the  words,  "cancelled  and  paid"  across  each  bond 
and  coupon,  and  the  date  of  the  payment  and  the  amount 
paid  shall  be  entered  in  the  clerk's  register  against  the 
proper  number  of  bond  and  the  bonds  so  cancelled  shall  be 
filed  in  the  office  of  the  district  treasurer,  until  all  the  out- 
standing bonds  are  paid,  when  they  shall  be  destroyed  in 
the  presence  of  the  full  board. 

§  9.  Contract  for  Building  School  House.]  Whenever 
any  school  house  is  built  with  funds  provided  in  the  manner 
herein  authorized,  the  school  board  shall  advertise  at  least 
thirty  (30)  days  in  some  newspaper  printed  in  the  county, 
or  by  posting  notices  for  the  same  length  of  time  in  at 
least  three  of  the  most  public  and  conspicuous  places,  if 
no  newspaper  is  published  in  the  county,  for  sealed  pro- 
posals for  building  and  furnishing  such  school  house  in 
accordance  with  plans  and  specifications  that  shall  be  fur- 
nished by  the  school  board,  reserving  the  right  to  reject 
any  and  all  bids  and  if  any  of  the  proposals  shall  be  reason- 
able and  satisfactory,  said  board  shall  award  the  contract 
to  the  lowest  responsible  bidder,  and  shall  require  of  such 
contractor  a  bond  in  double  the  amount  of  the  contract, 
conditioned    that  he    will  properly    account  for  all  money 


50  SCHOOL    LAWS 

and  property  of  the  school  district  that  may  come  into  his 
hands,  and  that  he  will  perform  the  conditions  of  his  con- 
tract in  a  faithful  manner  and  in  accordance  with  its  pro- 
visions, and  in  case  all  the  proposals  shall  be  rejected 
said  board  shall  advertise  anew  in  the  same  manner  as  be- 
fore and  until  a  reasonable  bid  shall  be  submitted. 

Provided,  however,  That  no  member  of  the  school  dis- 
trict board,  clerk  or  treasurer,  shall  be  interested,  directly 
or  indirectly  in  any  contract  for  building-  or  furnishing  any 
school  house  provided  for  in  this  Act. 

§  10.  Extension  Coupons — How  Issued.]  When  any 
school  district  in  this  state,  which  shall  have  heretofore 
legally  issued,  executed  and  delivered  its  negotiable  bonds 
for  tlie  jjurposes  then  provided  by  law,  and  w^hich  at  the 
time  of  issu€  thereof  was  not  in  excess  of  the  debt  limit  al- 
lowed said  district  or  township  by  law,  but  which  said  dis- 
trict for  any  reason  has  outstanding  in  said  bonds  and 
ether  indebtedness  an  amount  in  excess  of  the  present 
constitutional  and  statutory  limit,  so  as  to  preclude  a  valid 
issue  of  bonds  funding  all  outstanding  indebtedness,  then, 
and  in  that  event,  the  school  board  of  said  district,  upon 
being  authorized  to  do  so  by  a  majority  vote  of  all  electors 
at  any  regular  election  or  special  election  called  for  that 
purpose,  is  hereby  empowered  to  make  a  contract  for  the 
issue  of  extension  coupons  wnth  the  holder  or  holders  of 
said  outstanding  bonds,  at  or  prior  to  the  time  of  the  same 
becoming  due,  w^hich  said  contract  shall  be  entered  upon 
the  clerk's  record  of  said  district,  and  in  pursuance  of  said 
contract  the  said  school  board  shall  execute  and  deliver 
the  extension  coupons  of  said  district,  extending  the  time 
of  payment  of  said  school  bonds  heretofore  issued  for  a 
period  of  not  less  than  three  nor  more  than  ten  years,  at  a 
rate  of  interest  to  be  agreed  upon  between  said  school  dis- 
trict board  and  the  holder  or  holders  of  said  bonds,  not  to 
exceed  the  rate  in  the  original  bonds,  payable  semi-an- 
nually at  such  date  and  place  as  may  be  stated  in  said 
coupons. 

§  11.  Election  Returns  to  County  Auditor.]  That 
when  any  school  district  in  this  state  shall  have  voted  tc 
issue  its  negotiable   bonds  for   the  purposes   now^  provided 


SCHOOL    LAWS  51 

by  law,  and  before  the  county  auditor  shall  certify  to  the 
bonds  as  required  in  Section  4  of  Chapter  9  of  this  Act,  the 
said  district  shall  file  with  said  auditor  certified  copies  of 
the  record  of  said  school  district,  ordering-  said  election, 
and  the  records  and  poll  book  of  said  election,  and  unless 
said  records  show  a  strict  compliance  with  law,  the  said 
certificates  shall  not  be  executed. 


CHAPTER  X. 

UNIFORMITY   OF    SCHOOL   TEXT   BOOKS. 

§  1.  Who  Constitute  Board.]  The  county  superin- 
tendent of  schools,  the  president  of  the  board  of  education 
of  all  cities  or  towns,  the  county  auditor,  the  county  state's 
attorney,  the  board  of  county  commissioners,  their  success- 
ors in  office  and  one  person  from  each  commissioner's  dis- 
trict, who  shall  be  selected  by  the  members  of  the  school 
boards  of  such  commissioner's  district  present  at  a  meet- 
ing- to  be  called  by  the  county  superintendent,  shall  con- 
stitute *  the  county  board  of  education  of  each  county  in 
this  state  for  the  purpose  of  selecting  and  adopting  all 
the  text  books  needed  for  use  in  public  schools  in  the  coun- 
ty. The  .county  superintendent  of  schools  shall  in  all 
cases  be  chairman  of  the  county  board  of  education,  and  the 
county  auditor,  secretary,  and  a  majority  of  said  board 
shall  constitute  a  quorum    for  the  transaction    of  business. 

§  2.  Time  of  Meeting — Adoption  and  Price  of  Books.] 
The  county  board  of  education  shall  meet  at  the  office  of 
the  county  superintendent  of  schools  of  each  county  of  the 
state  on  the  second  Tuesday  of  June,  1897  and  every  five 
years  thereafter  and  select  and  adopt  a  complete  series  of 
school  text  books  to  be  used  in  all  the  schools  of  the 
county;  provided,  that  nothing  in  this  Act  shall  be  con- 
structed to  prevent  any  county  board  of  education  from  se- 
lecting a  series  of  text  books  from  two  or  more  publishers; 
provided,  further,  that  the  boards  of  education  in  cities 
and  towns  may  adopt  additional  books  by  the  same  or  other 
authors  for  higher  classes  in  their  schools.  The  county 
board  of  education  shall  advertise  for  twenty  days  in  a 
newspaper  published  in  each  county,  that  at  a  time  and 
place  named   in  said  notice,    said  board  will  receive  sealed 


52  SCHOOL    LAWS 

bids  for  furnishing  school  books  to  the  pupils  of  all  public 
schools  in  the  county  as  provided  in  this  Act  for  a  term  of 
five  years.  Other  necessary  books  shall  be  purchased 
and  contracted  for  at  the  same  time. 

§  3.  Duty  of  Board  and  Superintendent.]  Before  se- 
lecting" and  adopting  school  text  books  in  accordance  with 
the  provisions  of  this  Act,  it  shall  be  the  duty  of  said  board 
of  education  to  take  into  consideration  the  books  used  in 
the  county,  and  all  books  submitted  by  publishers  and  most 
carefully  consider  the  price,  the  type,  the  material,  the 
binding  and  other  items  that  go  to  make  up  a  desirable 
text  book,  and  no  text  book  shall  be  adopted  whose  price 
is  above  the  contract  or  wholesale  ;f)rice  at  which  said 
books  were  furnished  to  any  other  state,  county  or  school 
corporation  in  the  United  States  during  the  year  previous 
to  such  adoption.  The  county  superintendent  shall  an- 
nually at  the  close  of  the  year  make  a  report  to  the  county 
board  of  education  as  to  the  operation  of  the  school  book 
contract. 

§  4.  Superintendent  to  Notify  Members  of  the  Board.] 
The  county  superintendent  shall  notify  each  member  of 
the  county  board  of  education  in  writing  of  the  time  and 
place  of  meeting  at  least  ten  days  before  the  date  of  said 
meeting,  and  he  shall  prepare  and  furnish  such  information 
as  shall  assist  the  board  in  acting  for  the  best  interests  of 
the  people. 

§  5.  Contract  with  Publishers.]  The  board  of  county 
commissioners  shall  contract  with  the  publishers  of  such 
books  as  have  been  adopted  by  the  county  board  of  edu- 
cation, designating  the  price  at  which  such  books  shall  be 
furnished  to  them  or  to  their  authorized  agents,  and  they 
shall  designate  a  depository  for  each  school  corporation  in 
the  county  where  school  books  shall  be  sold  to  pupils  at 
not  more  than  ten  per  cent  above  cost,  and  they  may  pay 
for  the  books  and  transportation  of  the  same,  so  contracted 
for,  out  of  the  general  fund,  on  warrants  signed  by  the 
county  auditor  and  countersigned  by  the  chairman  of  the 
board  of  county  commissioners;  Provided,  that  the  same 
depository  may  be  designated  for  one  or  more  school  cor- 
porations. 


.  SCHOOL    LAWS  58 

§  6.  Form  of  Contract.]  The  following-  shall  consti- 
tute a  part  of  every  contract  with  publishers  as  provided 
in  this  Act,  whether  contained  in  such  contract  or  not. 
"Whenever  the  State  of  South  Dakota  shall  have  published 
a  sufficient  number  of  an}^  text  books  used  in  the  public 
schools  of  the  state,  to  supply  the  schools  of  any  county  in 
the  state,  upon  notice  being  g-iven  by  the  Governor  to  the 
county  auditor  of  any  county,  this  contract  shall  be  void 
as  far  as  it  relates  to  such  book  and  the  county  auditor 
shall  immediately  notify  the  publishers  holding  such  con- 
tract. The  county  comrnissioners  of  such  county  shall 
forthwith  supply  all  the  schools  of  said  county  with  the 
books  printed  by  the  state.  The  auditor  of  said  county 
shall  on  or  before  the  11th  of  each  calendar  month  send 
monej^s  for  all  state's  books  sold,  to  the  State  Treasurer, 
together  with  such  report  as  the  Governor  of  the  state 
may  direct. 

§  7.  Bond  from  Depository.]  The  board  of  county 
commissioners  may  require  a  good  sufficient  bond  from 
each  depository  designated  by  them  as  their  agent  and 
such  agent  shall  be  required  to  file  a  statement  with  the 
county  auditor  on  or  before  the  first  day  of  January,  April, 
July  and  October,  showing  the  number  and  kinds  of  books 
sold  by  him,  and  the  number  and  kinds  of  books  on  hand  in 
such  depository  on  the  last  day  of  the  preceding  month, 
and  all  moneys  due  the  county  by  such  depository  shall  be 
paid  into  the  county  treasury  at  the  time  of  filing  such 
statement.  The  county  auditor  shall  supply  each  de- 
pository with  proper  blanks  for  making  such  report. 

§  8.  Printed  Lists  and  Price  of  Books.]  The  county 
board  of  education  shall  furnish  a  printed  list  of  books 
adopted  designating  the  retail  price  of  each,  and  supply 
one  or  more  copies  to  each  school  corporation  and  to  each 
depository  designated.  The  secretar}^  or  clerk  of  each 
school  corporation  shall  post  said  price  list  in  each  room 
under  his  supervision. 

§  9.  Petition  for  Free  Books.]  Upon  a  written  peti- 
tion of  the  majority  of  the  electors  of  any  school  corpora- 
tion asking  that  the  school  books  be  furnished  free  to  the 
pupils,    it  shall   be  the  duty   of  said   board  to  arrange  and 


54  SCHOOL    LAWS 

furnish  the  free  use  of  books  to  the  pupils  of  such  corpo- 
ration under  such  rules  and  regulations  as  the  school  board 
may  determine. 

§  10.  Book  Case  and  Secretary's  Report.]  Said  school ' 
board  must  procure  a  safe  book  case  in  which  said  books 
shall  be  kept  whenever  it  shall  have  been  decided  to  sup- 
ply its  school  books  direct  to  the  pupils  and  a  careful  in- 
voice must  be  reported  at  the  close  of  each  term  by  the  sec- 
retary. The  books  shall  remain  the  property  of  the  school 
corporation  and  can  only  be  used  on  order  of  the  board. 

§  11.  Chang-e  Provided  for.]  Books  once  adopted  or 
contracted  for  under  the  provision  of  this  Act,  shall  not  be 
changed  for  a  period  of  five  years,  except  as  heretofore 
provided,  and  on  the  request  of  at  least  two-thirds  of  the 
school  boards  of  the  county. 

§  12.  Emoluments  Prohibited.]  No  school  teacher, 
county  or  city  superintendent  or  member  of  any  county 
board  of  education  within  the  State  of  South  Dakota  shall 
be  allowed  to  receive  any  emolument,  cash  or  otherwise, 
from  any  publisher  or  publishers  of  school  books  in  pay- 
ment for  a  vote  or  a  promise  to  vote  or  use  their  influence 
for  any  book  or  books  to  be  used  in  the  schools  under  their 
charge.  Neither  shall  any  agent  or  other  person  be  al- 
lowed to  give  or  offer  any  emolument  as  heretofore  de- 
scribed nor  promise  of  work  nor  other  inducement  to  any 
teacher,  county  or  city  superintendent  or  member  of  any 
county  board  of  education  or  other  board  of  education  for 
any  vote  or  promise  to  vote  or  to  use  their  influence  for  any 
book  or  books  to  be  used  in  the  schools  under  their  charge; 

Provided,  That  nothing  in  this  Section  shall  be  con- 
strued to  prevent  any  school  official  from  receiving  a 
reasonable  number  of  sample  copies  for  investigation,  with 
a  view  to  obtain  information  as  to  the  book  or  series  of 
books  for  which  such  official  shall  cast  his  vote; 

Provided,  further.  That  nothing  in  this  Section  shall 
be  construed  to  prevent  any  teacLer  from  obtaining  em- 
ployment from  any  publishing  house,  in  schools  not  under 
their  direct  charge.  Any  person  violating  the  provisions 
of  this  Section  shall  be  deemed  guilty  of  a  misdemeanor. 


SCHOOL    LAWS  55 

CHAPTER  XI. 

CITIES,    TOWNS   AND   ADJACENT   TERRITORY,    ORGANIZED  AS 
INDEPENDENT     DISTRICTS. 

§1.  Law  Where  in  Force.]  All  cities,  towns  and  adja- 
cent territory  now  org^anized  as  independent  school  dis- 
tricts or  hereafter  to  be  organized  as  such  shall  be  governed 
by  the  provisions  of  this  Act;  Provided,  that  any  city  or 
town  now  organized  under  special  Act,  either  for  civil 
government  or  educational  purpOfc>es,  may  at  any  time 
adopt  the  provisions  of  this  Act  by  a  majority  vote  of  the 
electors;  Provided,  further,  that  any  city  or  town  having  a 
population  of  one  hundred  inhabitants  or  over,  within  a 
radius  of  one  mile  from  the  center,  may  adopt  the  pro- 
visions of  this  chapter.  In  such  cases  the  county  super- 
intendent shall,  upon  petition  of  a  majority  of  the  legal 
voters  within  the  proposed  district,  call  the  first  election 
therefor  by  posting  notices  in  not  less  than  three  of  the 
most  public  places  in  the  district  or  districts  in  which  said 
city  or  town  is  situated,  said  notices  shall  contain  a  full 
description  of  the  boundaries  of  the  proposed  district,  and 
also  the  time  and  place  of  holding  the  election.  If  a  ma- 
jority of  the  voters  of  the  district  or  districts  in  which  the 
said  city  or  town  is  situated,  shall  vote  for  the  incorpora- 
tion of  the  said  city  or  town  as  a  corporation  for  school 
purposes,  then  it  shall  be  considered  as  authorized  and  the 
county  superintendent  shall,  without  deli}^  publish  notices 
for  an  election  of  said  corporation. 

§  2.  Committee  on  Arbitration.]  Whenever  a  new 
corporation  is  authorized  as  is  provided  in  Section  1  of  this 
Chapter,  the  county  superintendent,  the  president  of  the 
board  of  education  of  the  district  thus  organized,  and  the 
chairman  of  the  school  district  affected  by  the  organization 
of  the  new  district,  shall  constitute  a  committee  of  arbi- 
tration for  the  purpose  of  adjusting  all  property  interested 
between  the  new  corporation  and  the  district  or  districts 
affected  by  its  formation.  The  title  to  all  real  property 
granted  to  the  new  corporation  by  the  commititee  of  arbitra- 
tion shall  be  made  over  to  the  said  corporation  or  corpo- 
rations in  which  it  was  previously  vested  upon  order  of  the 


S6  SCHOOL    LAWS 

said  committee.  And  all  personal  property  g-ranted  to 
the  said  new  corporation  shall  be*  delivered  to  the  proper 
officer  by  those  having-  it  in  charge  upon  demand  accom- 
panied by  the  order  of  the  committee.  It  shall  be  the 
duty  of  the  county  superintendent  to  file  with  the  county 
auditor  a  correct  plat  showing  the  adjustment  of  district 
boundaries  in  consequence  of  the  formation  and  organiza- 
tion of  a  district  as  above  provided. 

§  3.  A  Free  System  of  Schools.]  Each  corporation 
organized  under  this  chapter,  shall  maintain  a  system  of 
free  common  schools  which  shall  be  kept  open  not  less 
than  six  nor  more  than  ten  months  in  any  one  year  and 
shall  be  free  to  all  children  of  legal  school  age  residing 
within  such  corporation. 

§  4.  Adjacent  Territory — How  Attached.]  Territory 
outside  of  the  limits  of  any  organized  independent  school 
district,  but  adjacent  thereto,  may  be  attached  thereto,  and 
territory  within  the  limits  of  any  independent  district  or- 
ganized for  school  purposes,  and  adjacent  to  any  school 
district  may  be  attached  to  said  school  district  whether 
said  indej)endent  district  has  been  organized  by  special  act 
or  otherwise,  under  the  following  conditions: 

Application  by  Petition.]  First.  Application  by  writ- 
ten petition  for  such  change  must  be  made  by  a  majority  of 
the  resident  electors  desiring  to  have  territory  attached  to 
or  detached  from  any  independent  district. 

Duty  of  County  Superintendent.]  Second.  Upon  re- 
ceipt of  such  petition,  the  county  superintendent  shall  call 
a  committee  to  decide  upon  granting  or  refusing  the  peti- 
tion, said  committee  consisting  of  himself,  the  president  of 
the  board  of  education  of  said  independent  district  and  the 
chairman  of  the  district  board. 

Committee  to  Decide.]  Third.  The  committee  shall 
consider  the  interests  of  the  two  corporations  concerned, 
the  convenience  of  the  petitioners  and  the  permanent 
school  interest,  and  if  they  deem  it  proper  shall  grant  the 
petition  and  issue  an  order  authorizing  the  attaching  of 
said  territory  to  the  independent  district  or  school  district 
to  which  it  is  adjacent,  and  if  to  an  adjacent  district  con- 
taining  a  city  or  town,    such  order   shall  specify  to   what 


SCHOOL    LAWS  57 

ward  or  wards  such  territory  shall  belong-  for  all  school 
purposes. 

Provided,  That  when  territory  has  been  attached  prior 
hereto  the  board  of  education  shall  at  any  reg-ular  meeting- 
determine  to  what  ward  or  wards  such  territory  shall  be- 
long for  all  school  purposes. 

Further  Power  of  the  Committee.]  Fourth.  The  com- 
mittee shall  also  have  power  to  adjust  all  property 
Interests  involved  in  the  chang-e  which  concerns  the  two 
corporations  interested.  Before  the  issuance  of  an  order 
authorizing-  the  change  they  shall  make  an  equitable 
adjustment  of  any  question  of  indebtedness  involved. 

Decisions  to  be  Recorded.]  Fifth.  A  record  of  the  de- 
cisions of  the  committee  shall  be  transmitted  to  the  clerks 
of  the  school  board  and  board  of  education  interested  for 
record  and  a  copy  forwarded  to  the  county  auditor  by  the 
superintendent. 

Date  of  Order  to  Govern.]  Sixth.  Such  territory 
shall,  from  the  date  of  the  order  authorizing-  such  chang-e, 
be  considered  a  part  of  the  corporation  of  said  independent 
district  or  of  the  said  school  district. 

Order  to  Issue — When.]  Provided,  that  such  order 
shall  not  be  issued  until  after  the  action  and  decisions  of 
the  committee  are  recorded  by  the  board  of  education  and 
the  district  school  board. 

The  taxable  property  of  such  adjacent  territory  shall 
be  subject  to  taxation  and  bear  its  proportion  of  all  ex- 
penses incurred  in  the  erection  of  school  building-s  and 
maintaining-  the  schools  of  such  corporation. 

Adjacent  Territory  Defined.]  Provided,  that  territory 
more  than  two  miles  from  the  limits  of  such  city  or  town 
shall  not  be  considered  adjacent  territory  to  Which  the 
provisions  of  this  section  may  apply,  unless  the  electors  of 
such  territory  shall  unanimously  petition  to  be  thus  at- 
tached and  considered  as  adjacent  territory. 

How  Attached  in  Certain  Cases.]  Provided,  further, 
that  when  an  independent  school  district  containing-  an  in- 
corporated city  or  town  is  situated  so  near  the  center  of  a 
civil  or  congressional  township  as  to  leave  a  fraction  of 
said  civil  or  congressional    township    impracticable  or  in- 


58  SCHOOL    LAWS 

convenient  for  school  purposes,  after  attaching-  adjacent 
territory  to  said  independent  school  district,  to  the  two 
mile  limit  as  provided  by  law,  then  in  that  case  the  com- 
mittee provided  for  in  this  Act  may,  upon  a  petition  of  a 
majority  of  the  electors  of  such  civil  or  congressional  town- 
ship, attach  the  surrounding  territory  and  make  the  inde- 
pendent district  to  conform  to  the  civil  or  congressional 
township  line  for  school  purposes  only,  and  in  such  case 
the  committee  may,  by  a  majority  vote  thereof,  upon  the 
petition  of  two-thirds  of  the  electors  of  such  surrounding 
territory  and  two-thirds  of  the  electors  of  such  independ- 
ent district,  issue  its  order  attaching  such  surrounding- 
territory  to  such  independent  district  as  aforesaid,  and  all 
the  foreg-oing  provisions  shall  apply  to  such  actions  of 
said  committee  except  that  said  order  shall  go  into  effect 
at  the  expiration  of  thirty  days  from  the  date  thereof  and 
it  shall  not  be  necessary  that  the  actions  and  decisions  of 
such  committee  be  ratified  by  the  district  school  board  or 
board  of  education  before  the  issuance  or  going  into  effect 
of  such  order. 

§  5.  Shall  be  a  Corporation.]  Every  district  organ- 
ized under  the  provisions  of  this  chapter  shall  be  a  body 
corporate  and  shall  possess  the  usual  powers  of  corpora- 
tion for  public  school  purposes,  and  may  sue  and  be  sued, 
and  be  capable  of  contracting  and  being  contracted  with, 
and  of  taking  and  holding  any  land  for  a  school  site,  not 
exceeding  two  acres,  chosen  by  the  board  of  education  at 
a  regular  meeting  of  said  board,  and  in  case  the  owner  or 
owners  of  said  land,  or  any  part  thereof,  shall  refuse  or 
neglect  to  g-rant  such  site  to  the  district,  then  said  district 
shall  have  power  to  take  such  land  for  said  site  in  the 
manner  provided  by  law  for  the  taking  of  private  property 
for  public  use.  And  shall  have  power  to  hold  and  con- 
vey such  personal  or  real  property  as  it  may  at  any  time 
possess.  All  actions  brot  by  or  against  such  corporation 
shall  be  in  the  name  of  the  board  of  education  of  said  in- 
dependent district  of  the  county  of of 

the  State  of  South  Dakota. 

§  6.  A  Board  of  Education.]  When  any  city  or  town 
and  the  adjacent    territory   thereto  is   divided  into   wards- 


SCHOOL    LAWS  59 

there  shall  be  elected  a  board  of  education  consisting  of 
two  members  from  each  ward  w^ho  shall  be  elected  by  the 
qualified  voters  thereof,  one  of  whom  shall  be  elected  an- 
nually and  shall  hold  his  office  for  the  term  of  two  years 
and  until  his  successor  is  elected  and  qualified.  There 
shall  also  be  elected  in  such  independent  district  one  mem- 
ber of  such  board  of  education  who  shall  be  voted  for  by 
the  qualified  electors  at  large  in  such  districts  and  shall 
hold  his  office  for  two  years  and  until  his  successor  is 
elected  and  qualified. 

Provided,  That  in  all  corporations  not  organized  as 
cities  and  in  all  cities  and  towns  not  divided  into  wards 
there  shall  be  elected  as  many  members  of  the  board  of 
education  as  there  are  members  of  the  township  board  or 
board  of  trustees  to  be  elected  at  the  regular  election  held 
in  1901,  and  at  the  same  time  and  places  and  said  members 
thus  elected  shall  immediately  after  their  election  be 
divided  by  lot  into  two  as  nearly  equal  classes  as  possible; 
the  first  class  shall  hold  their  office  for  one  year,  the 
second  class  shall  hold  their  office  for  two  3'ears  and  an- 
nually thereafter  there  shall  be  elected  one  class  who 
shall  hold  their  office  for  two  years  and  until  their  succes- 
sors are  elected  and  qualified; 

Provided,  however,  That  in  all  such  corporations,  hav- 
ing a  board  of  trustees  or  township  board  consisting  of 
but  three  members  the  board  of  education  shall  be  elected 
annually  at  the  same  time  and  place  as  the  board  of  trustees 
or  township  board,  and  shall  hold  their  office  for  one  year 
and  until  their  successors  are  elected  and  qualified.  The 
board  of  education  shall  act  as  judges  of  said  election  and 
shall  use  a  separate  ballot  box  for  the  purpose  of  said 
school  election. 

Provided,  further,  That  in  all  cases  where  there  is  no 
organization  for  civil  government  there  shall  be  three 
members  of  the  school  board  one  of  whom  shall  be  elected 
annually  and  shall  hold  his  office  for  three  years,  and  until 
his  successor  is  elected  and  qualified; 

Provided,  further.  That  no  member  of  the  city  council 
or  board  of  trustees  shall  be  a  member  of  the  board  of  edu- 
cation. 


60  SCHOOL    LAWS 

§  7.  Power  to  Fill  Vacancy.]  The  board  of  education 
shall  have  power  to  fill  any  vacancy  for  the  unexpired 
term  which  may  occur  in  their  body; 

Provided,  That  any  vacancy  occurring-  more  than  thirty 
days  previous  to  the  annual  election  shall  be  filled  at  the 
first  annual  election  thereafter. 

§  8.  Shall  Maintain  and  Control  Schools.]  The  board 
of  education  shall  have  power  to  organize  and  maintain  a 
system  of  graded  schools,  to  establish  a  high  school  w^hen- 
ever  in  their  opinion,  the  interest  of  the  school  corporation 
demand  the  same,  and  to  exercise  sole  control  over  the 
schools  and  school  corporation. 

§  9.  Organization — How  Made.]  The  board  of  educa- 
tion at  its  first  regular  meeting  of  each  year  following  their 
election  shall  organize  by  the  electioLi  of  a  president  and 
vice  president,  each  of  whom  shall  serve  for  a  term  of  one 
year  and  they  shall  also  elect  a  clerk  not  a  member  of  the 
board  who  shall  receive  such  compensation  for  his  services 
as  the  board  may  allow; 

Provided,  That  in  districts  newly  organized  under  this 
Act,  the  board  shall  within  thirty  days  after  their  election 
proceed  to  organize  and  elect  officers  as  aforesaid  who 
shall  serve  until  the  time  of  the  next  regular  annual  meet- 
ing. 

§  10.  Duties  of  President  and  Clerk.]  It  shall  be  the 
duty  of  the  president  to  appoint  all  committees  and  to 
countersign  all  warrants  drawn  upon  the  treasury  for  school 
moneys.  It  shall  be  the  duty  of  the  clerk  to  be  present 
at  all  meetings  of  the  board,  keep  an  accurate  journal  of 
its  proceedings,  take  charge  of  its  books  and  documents, 
sign  all  warrants  for  school  money,  and  perform  such  other 
duties  as  the  board  may  require.  Before  entering  upon 
the  discharge  of  his  duties,  the  clerk  of  the  board  of  edu- 
cation shall  give  a  bond  in  a  sum  to  be  fixed  by  the  board 
not  less  than  five  hundred  ($500)  dollars  with  good  and 
sufficient  sureties  to  be  approved  by  the  board, 

§  11.  Tax  Levy.]  The  board  of  education  shall  on  or 
before  the  fifteenth  day  of  August  of  each  year,  levy  a  tax 
for  the  support  of  the  schools  of  the  corporation  for  the 
fiscal   year   next   ensuing  not   exceeding   in   any  one   year 


SCHOOL    LAWS  61 

twenty  mills  on  the  dollar  on  all  personal  and  real  prop- 
erty within  the  district  which  is  taxable  according  to  the 
laws  of  the  state,  and  which  levy  the  clerk  of  the  board  of 
education  shall  certify  to  the  county  auditor  who  is  hereby 
authorized  and  required  to  place  the  same  on  the  tax  roll 
of  said  county  to  be  collected  by  the  treasurer  of  the 
county  as  the  taxes  of  the  county  and  paid  over  by  him  to 
the  treasurer  of  the  board  of  education,  of  whom  he  shall 
take  a  receipt  in  duplicate,  one  of  which  he  shall  file  in  his 
office  and  the  other  he  shall  transmit  to  the  clerk  of  the 
board  of  education. 

§  12.  School  Officers — How  Chosen — Bond  of — Duties.] 
At  the  annual  municipal  election  there  shall  be  elected 
members  of  the  board  of  education  provided  for  herein  and 
a  treasurer  of  the  board  of  education.  The  treasurer 
shall  be  elected  each  year  to  hold  for  one  year,  or  until  his 
successor  is  elected  and  qualified.  Any  vacancy  in  the 
office  of  treasurer  shall  be  filled  by  the  board  of  education 
by  appointment;  said  appointee  shall  not  be  a  member  of 
said  board.  The  treasurer  shall  execute  a  bond  in  such 
sum  as  that  body  may  require  with  sufficient  sureties  to  be 
approved  by  the  board,  conditioned  for  the  faithful  dis- 
charge of  his  duties  as  treasurer  of  such  board.  He  shall 
prepare  and  submit  in  writing  a  monthly  report  of  the  state 
of  the  finances  of  the  corporation,  and  shall  when  required 
produce  at  any  meeting  of  the  board  all  books  and  papers 
pertaining  to  his  office.  He  shall  pay  money  only  upon 
a  warrant  signed  by  the  president,  or  in  his  absence  the 
vice  president,  and  countersigned  by  the  clerk. 

§  13.  Taxable  Property.]  The  taxable  property  of 
the  whole  corporation,  including  the  territory  attached  for 
school  purposes,  shall  be  subjed;  to  taxation. 

§  14.  Regular  Meetings.]  The  regular  meetings  of 
the  board  of  education,  shall  be  upon  the  last  Friday  of 
each  month,  but  special  meetings  may  be  held  from  time  to 
time  as  circumstances  may  demand. 

§  15.  Report  of  clerk.]  The  clerk  of  the  board  of  edu- 
cation at  the  close  of  each  school  year  shall  make  an  an- 
nual report  of  the  condition,  financial  as  well  as  educa- 
tional  of   all   the   schools   of   the   corporation,    a  copy  of 


62  SCHOOL    LAWS 

which  shall  be  sent  to  the  county  superintendent.  Said 
report  or  such  portion  of  it  as  the  board  of  education  shall 
consider  advantageous  to  the  public  shall  be  printed  in  a 
public  newspaper  or  in  pamphlet  form. 

§  16.  Contracts.]  No  expenditures  involving  an 
amount  greater  than  one  hundred  (^100)  dollars  shall  be 
made  except  in  accordance  with  the  provisions  of  a  written 
contract,  and  no  contract  involving  the  expenditure  of 
more  than  five  hundred  (S500)  dollars  for  the  purpose  of 
erecting  any  public  building  or  making  any  improvements 
shall  be  made  except  upon  sealed  proposals  and  to  the 
lowest  responsible  bidder. 

§  17.     May    Read    Bible.]     No  sectarian  doctrine  may 
be  taught  or  inculcated   in  any  of  the  schools   of  the  corpo-, 
ration;    but  the   Bible  without   sectarian  comment  may  be 
read  therein. 

§  18.  Bonds — How  Issued.]  Whenever  it  shall  become 
necessary  in  order  to  raise  sufficient  funds  for  the  purpose 
of  a  school  site  or  sites,  to  erect  suitable  building  or  build- 
ings thereon,  or  to  fund  a  bonded  indebtedness,  it  shall  be 
lawful  for  the  board  of  education  of  every  corporation  com- 
ing under  the  provisions  of  this  Act  to  borrow  money,  for 
which  they  are  hereby  authorized  and  empowered  to  issue 
bonds  bearing  a  rate  of  interest  not  exceeding  seven  per 
cent  per  annum  payable  annually  or  semi-annually,  at  such 
places  as  may  be  mentioned  upon  the  face  of  said  bond, 
which  bonds  shall  be  payable  in  not  more  than  twenty  years 
irom  their  date;  and  the  board  of  education  is  hereby  author- 
ized and  empowered  to  sell  such  bonds  at  not  less  than  par. 

Provided,  That  no  bonds  shall  be  issued  until  the  ques- 
tion shall  be  submitted  to  the  people  and  a  majority  of  the 
qualified  electors  who  shall  vote  on  the  question  on  an 
election  called  for  that  purpose  shall  have  declared  by 
their  votes  in  favor  of  issuing  such  bonds. 

§  19.  Bond  Election.]  It  shall  be  the  duty  of  the 
mayor  of  such  city  or  town  upon  request  of  the  board  of 
education  to  call  an  election  to  be  conducted  in  all  respects 
as  are  the  elections  for  city  or  town  ofiicers,  in  the  same 
corporations  (except  that  returns  shall  be  made  to  the 
board  of  education)  for  the  purpose    of  taking  the  sense   of 


SCHOOL    LAWS  63 

such  corporation  upon  the  question  of  issuing-  such  bonds, 
naming-  in  the  proclamation  of  such  election  the  amount  of 
bonds  asked  for  and  the  purpose  for  which  they  are  to  be 
used. 

Provided,  That  where  the  incorporation  is  not  org-an- 
ized  for  civil  government,  the  board  of  education  may  call 
and  conduct  the  election  provided  for  in  this  section. 

§  20.  Shall  Sign  Bond.]  The  bonds,  the  issuing  of 
which  is  provided  for  in  the  foregoing  Section,  shall  be 
signed  by  the  president,  attested  by  the  clerk,  and  counter- 
signed by  the  treasurer  of  the  board  of  education,  and  said 
bonds  shall  specif}^  the  rate  of  interest  and  the  time  when 
the  principal  and  interest  shall  be  paid,  and  each  bond  so 
issued  shall  be  for  a  sum  not  less  than  fifty  ($50)  dollars, 
but  no  corporation  shall  issue  bonds  in  pursuance  of  this 
act  in  any  sum  greater  than  three  per  cent,  of  its  assessed 
valuation. 

§  21.  Bond  Interest.]  The  board  of  education  at  the 
time  of  its  annual  levy  of  taxes  for  the  support  of  schools 
as  herein  provided  shall  also  levy  a  sufficient  amount  to 
pay  the  interest  as  the  same  accrues  on  all  bonds  issued 
under  the  provisions  of  this  chapter  and  also  to  create  a 
sinking  fund  for  the  redemption  of  said  bonds,  which  it 
shall  levy  and  collect  in  addition  rate  per  cent,  authorized 
by  the  provisions  aforesaid  for  school  purposes,  and  said 
amount  of  funds  when  paid  into  the  treasury  shall  be  and 
remain  a  specific  fund  for  said  purpose  only  and  shall  not 
be  appropriated  in  any  uther  way  except  as  hereinafter 
provided. 

§22.  Sinking  Fund  J  Any  school  district  which  shall 
hereafter  issue  bonds  shall  at  or  before  the  time  of  so  do- 
ing, provide  for  the  levy  of  an  annual  tax  sufficient  to  pay 
the  interest  and  principal  when  due  and  such  levy  shall  be 
irrepealable  until  such  debt  is  paid; 

Provided,  That  such  levy  shall  not  exceed  fifteen  (15) 
per  cent,  in  any  one  year  of  the  debt  to  be  paid.  All 
money  raised  for  the  purpose  of  creating  a  sinking  fund 
for  the  final  redemption  of  all  bonds  issued  under  the  pro- 
visions of  this  chapter  shall  be  invested  annually  by  the 
board  of  education    in  bonds  of  the  State   of  South  Dakota 


6Jf  SCHOOL    LAWS 

or  of  the  United  States,  or  the  board  may  buy  and  cancel 
the  bonds  of  the  district  wlienever  such  may  be  purchased 
at  or  below  par,  or  to  purchase  its  outstanding-  registered 
warrants  that  will  be  paid  prior  to  the  time  such  bonds 
will  become  due. 

§  23.  Payment  of  Interest.]  Whenever  the  interest 
coupons  of  the  bonds  hereinbefore  authorized  shall  become 
due  they  shall  be  promptly  paid  by  the  treasurer,  upon 
presentation,  out  of  money  in  his  hands  collected  for  that 
purpose,  and  he  shall  endorse  upon  the  face  of  such  cou- 
pons in  red  ink  the  word  "paid"  and  the  date  of  payment, 
and  sign  the  initials  of  his  name. 

§  24.  Payment  Pledged.]  The  school  fund  and  prop- 
erty of  such  civil  corporation  and  territory  attached  for 
school  purposes  is  hereby  pledged  for  the  payment  of  the 
principal  and  interest  of  the  bonds  mentioned  in  this  chap- 
ter as  the  same  may  become  due. 

§  25.  Bond  and  Warrant  Register.]  It  shall  be  the 
duty  of  the  clerk  of  the  board  of  education  to  register  in  a 
book  provided  for  that  purpose  the  bonds  issued  under  the 
provisions  of  this  chapter,  and  all  warrants  issued  by  the 
board,  which  registration  shall  show  the  number,  date  and 
amount  of  said  bonds  and  warrants  and  to  whom  made  pay- 
able. 

§  26.  Official  Oath  and  Bond.]  Each  member  of  the 
board  of  education  and  officer  provided  for  in  this  chapter 
shall  take  and  subscribe  an  oath  or  affirmation  to  support 
the  constitution  of  the  United  States,  and  the  State  of 
South  Dakota,  and  faithfully  to  perform  the  duties  of  his 
office.  The  oath  and  bond  of  the  clerk  shall  be  filed  with 
the  treasurer.  All  other  oaths  and  bonds  shall  be  tiled 
with  the  clerk  but  the  clerk  shall  immediately  notify  the 
county  auditor  and  the  county  superintendent  of  the  filing 
of  such  oath  and  bond. 

§  27.  Examination  of  Teachers.]  The  county  super- 
intendent together  with  the  principal  or  superintendent  of 
schools  of  all  independent  districts  employing  such  officer, 
and  in  such  independent  districts  as  do  not  employ  such  an 
officer,  the  county  superintendent  alone  shall  examine  all 
teachers    employed  to    teach   in   the   schools  of  any  city, 


SCHOOL    LAWS  65 

town  or  other  independent  district,  the  same  as  other 
teachers  of  the  county  are  examined  except  as  hereinafter 
provided,  and  no  city  superintendent  or  principal  shall  be 
employed  who  does  not  hold  a  first  grade  or  state  certifi- 
cate or  diploma.  In  no  case  shall  any  teacher  be  em- 
ployed to  teach  in  such  schools  who  does  not  hold  a 
certificate  issued  as  above  provided,  or  a  state  certificate 
or  a  state  diploma  and  any  contract  made  contrary  to  the 
above  is  hereby  declared  void.  The  above  section  shall 
be  construed  as  giving-  the  superintendent  of  schools  of 
any  city  or  town  advisory  power  in  the  examination  of 
teachers  for  his  school  and  he  may  add  such  questions  as 
he  may  deem  wise  in  the  examination  in  order  to  test  the 
qualifications  of  teachers  for  any  particular  grade  or  special 
work.  The  board  of  education  in  cities  of  the  first  class 
at  such  time  as  they  may  deem  expedient,  shall  elect  a 
superintendent  of  schools  in  no  case  a  member  of  their 
own  body,  whose  duty  it  shall  be  to  have  a  general  super- 
vision of  the  schools  of  the  corporation,  subject  to  the 
rules  and  regulations  of  the  board,  who  shall  hold  his  of- 
fice during  the  pleasure  of  the  board  and  shall  receive  such 
compensation  as  the  board  may  allow.  The  board  shall 
also  appoint  two  competent  persons,  who  with  the  super- 
intendent as  chairman  shall  be  styled  the  examining  com- 
mittee of  the  Board  of  Education,  whose  duty  it  shall  be  to 
examine  all  persons  who  may  apply  to  them  as  teachers; 
and  no  person  except  one  who  holds  a  state  certificate  or 
state  diploma  shall  be  elected  by  the  board  as  teacher  who 
cannot  produce  a  certificate  from  the  examining  committee 
signed  by  all  or  a  majority  of  them,  and  setting  forth  that 
the  holder  is  competent  to  teach  in  such  department  of  the 
public  school  as  may  be  stated  in  the  certificate,  and  is  a 
person  of  good  moral  character. 

Provided,  No  teacher  who  holds  a  state  or  county  cer- 
tificate under  this  Act  is  excused  from  the  county  institute 
except  for  good  and  valid  reasons. 

Provided,  further,  That  the  city  superintendent  shall 
revoke  the  certificates,  issued  by  the  examining  committee 
of  which  he  is  chairman,  of  those  persons  who  do  not  at- 
tend the  county  institute,  except  as  hereinbefore  provided. 


66  SCHOOL    LAWS 

§  28.  Ballot  Boxes  to  be  Provided.]  For  the  purpose 
of  the  election  provided  in  this  Act,  there  shall  be  pro- 
vided at  each  polling-  place  a  ballot  box  separate  and  dis- 
tinct from  the  ballot  box  used  for  the  city  election,  in  which 
shall  be  deposited  all  ballots  cast  by  the  voters  at  such 
school  election.  The  polling  places  shall  be  so  arranged 
as  to  permit  all  persons  entitled  to  vote  at  such  school 
election  free  access  to  the  same   for  the  purpose   of  voting. 

§  29.  Error  in  Tax  List.]  Whenever  an  error  occurs 
in  any  school  corporation  or  district  tax  list,  the  board  of 
county  commissioners  may  correct  and  refund  such  im- 
proper collection  of  school  taxes  the  same  as  for  other 
county  taxes. 

§  30.  Repeal.]  All  Acts  and  parts  of  Acts  relating  to 
education  passed  prior  to  January  1st,  1901,  (except  Chap- 
ter LVIII.,  Laws  of  1897,  relating  to  the  board  of  regents- 
of  education  and  special  acts  relating  to  schools  in  cities, 
towns  and  villages,  and  also  to  independent  districts 
created  by  special  acts)  are  hereby  repealed. 


SCHOOL  LIBRARIES 


An  Act  to  Establish  and  Maintain  School  Libraries. 

Be  it  Enacted  by  the  Legislature  of  the  State  of 

South  Dakota. 

§  1.  The  county  treasurer  shall  withhold  from  the  ap- 
portionment of  July,  1901,  received  from  the  Interest  and 
Income  Fund  or  other  income  for  the  schools  of  his  county 
an  amount  equal  to  ten  cents  per  capita  for  each  person  of 
school  age  residing  therein,  and  annually  thereafter  an 
amount  equal  to  ten  cents  per  capita  for  each  person  of 
school  age,  which  money  shall  constitute  a  library  fund 
and  shall  be  used  in  the  purchase  of  library  books  as  here- 
inafter provided. 

§  2.  County  Library  Board.]  The  county  superin- 
tendent, county  auditor,  state's  attorney,  and  all  superin- 
tendents of  city  schools,  and  principals  of  schools  in 
villages,  employing  more  than  one  teacher,  shall  constitute 


SCHOOL    LAWS  67 

the  County  Library  Board,  Annually,  between  the  first 
day  of  July  and  the  first  day  of  September  the  County 
Library  Board  shall  meet  at  the  call  of  the  county  super- 
intendent, who  shall  be  chairman  of  said  board,  and  expend 
the  money,  provided  for  in  section  one  of  this  Act,  in  the 
purchase  of  books  selected  from  the  list  prepared  by  the 
State  Superintendent. 

§  3.  The  clerk  of  the  school  district  shall  act  as  a 
librarian,  and  shall  receive  and  have  the  care  and  custody 
of  the  books  and  shall  loan  them  to  the  teachers,  pupils 
and  other  residents  of  the  district  in  accordance  wnth  the 
regulations  prescribed  by  the  State  Superintendent.  The 
clerk  shall  give  a  receipt  for  and  keep  a  record  of  the 
books  received  from  the  County  Library  Board,  and  shall 
include  in  his  annual  report  such  library  statistics  as  the 
State  Superintendent  may  require.  During"  the  time  the 
school  is  in  session  the  library  shall  be  placed  in  the 
school  house,  and  the  teacher  shall  act  as  librarian  under 
the  supervision  of  the  district  clerk. 

§  4.  The  school  board  shall  provide  suitable  cases  for 
the  books  in  each  school. 

§  5.  The  County  Library  Board  shall  have  the  power 
to  designate  library  circuits,  each  composed  of  not  more 
than  ten  schools.  When  one  or  more  such  library  circuits 
shall  have  been  organized,  it  shall  be  the  duty  of  the 
county  superintendent  to  employ  a  responsible  person  to 
move  all  the  libraries  herein  provided  for.  These  re- 
movals shall  be  made  in  January  and  July  of  each  year, 
and  in  such  order  as  the  superintendent  shall  direct,  and 
the  person  making  such  removal  shall  receive  therefor  ten 
cents  per  mile  for  the  distance  necessarily  traveled  m 
making  such  exchange.  Such  mileage  shall  be  paid  by 
the  county  treasurer  upon  warrant  issued  by  the  county 
auditor,  and  shall  be  charged  by  the  county  treasurer  pro 
rata  to  the  various  school  districts  affected. 

Provided,  no  warrant  for  such  mileage  shall  issue  ex- 
cept upon  the  presentation  of  a  voucher  signed  by  the 
county  superintendent. 

§  6.  The  members  of  the  County  Library  Board  shall 
receive  no  compensation.         The   expense   of  postage,    ex- 


68  SCHOOL    LAWS 

press  and  freight  necessarily  incurred  by  the  County  Board 
in  securing-  the  books  shall  be  a  charg^e  upon  tlie  library 
fund  provided  for  in  section  one  of  this   act. 

§  7.  The  county  treasurer  shall  pay  out  money  in  the 
library  fund  upon  vouchers  signed  by  the  county  superin- 
tendent and  the  county  auditor. 

§  8.  All  Acts  and  parts  of  Acts  in  conflict  with  this 
Act  are  hereby  repealed. 


HUMANE  TREATMENT  OF  ANIMALS 


An  Act  Pertaining-  to  the  Humane  Treatment  of  Animals. 
Be  it  Enacted  by  the  Legislature  of  the  State  of 

South  Dakota. 

§  1.  That  there  shall  be  taught  in  the  public  schools 
of  this  state,  in  addition  to  other  branches  of  study  now 
prescribed,  a  system  of  humane  treatment  of  animals. 

§  2.  Each  school  supported  wholly  or  in  part  by  the 
public  funds  of  this  state,  or  of  any  county  or  city  in  this 
state,  shall  instruct  all  scholars  in  the  laws  of  this  state, 
as  embodied  in  the  Penal  Code  or  other  laws  pertaining  to 
the  humane  treatment  of  animals,  and  such  studies  on  the 
subject  as  the  board  of  education  may  adopt,  such  instruc- 
tion to  consist  of  not  less  than  two  lessons  of  ten  minutes 
each  during  each  week  of  the  school  year.  And  no  ex- 
periment upon  live  animals  to  demonstrate  facts-  in  physi- 
ology shall  be  permitted  in  any  school  in  this  state. 

§  3.  This  Act  shall  take  effect  and  be  in  force  im- 
mediately after  its  passage. 


CONSTITUTIONAL  PROVISIONS 


§  1.  Art.  VIII.  The  stability  of  a  republican  form  of 
government  depending  on  the  morality  and  intelligence  of 
the  people,  it  shall  be  the  duty  of  the  legislature  to  estabr 
lish  and  maintain  a  general  and  uniform  system  of  public 
schools,    wherein   tuition    shall   be    without   charge,    and. 


SCHOOL    LAWS  69 

equally  open  to  all,  and  to  adopt  all  suitable  means  to  se- 
cure to  the  people  the  advantag-es  and  opportunities  of 
education. 

§  15.  Art.  VIII.  The  legislature  shall  make  such  pro- 
visions by  general  taxation,  and  by  authorizing  the  school 
corporation  to  levy  such  additional  taxes,  as  with  the  in- 
come from  the  permanent  school  fund  shall  secure  a  thoro 
and  efficient   system  of  common   schools  thruout  the  state. 

§  16.  Art.  VIII.  No  appropriation  of  lands,  money  or 
other  property  or  credits  to  aid  any  sectarian  school  shall 
ever  be  made  by  the  state,  or  any  county  or  municipality 
within  the  state,  nor  shall  the  state  or  any  county  or 
municipality  within  the  state  accept  any  grant,  convey- 
ance, gifts  or  bequest  of  lands,  money  or  other  property  to 
be  used  for  sectarian  purposes,  and  no  sectarian  instruction 
shall  be  allowed  in  any  school  or  institution  aided  or  sup- 
ported by  the  state. 

§  17.  Art.  VIII.  No  teacher,  state,  county,  township 
or  district  school  officer  shall  be  interested  in  the  sale, 
proceeds  or  profit  of  any  book,  apparatus  or  furniture  used 
or  to  be  used  in  any  school  in  this  state,  under  such  pen- 
alties as  shall  be  provided  by  law. 

§  9.  Art.  VII.  Any  woman  having  the  qualifications 
enumerated  in  Section  1,  of  this  Article,  as  to  age,  resi- 
dence and  citizenship,  and  including  those  now  qualified 
by  the  laws  of  the  territory,  may  vote  at  any  election  held 
solely  for  school  purposes  and  may  hold  any  office  in  this 
state  except  as  otherwise  provided  in  this  constitution. 


INDEX 

State  Supervision.     Chapter  I 

Superintendent — Duties  of 
Office  of 

Shall  Make  Report 
To  Prepare  E^xamination  Questions 
May  Appoint  Deputy 
Institute  Conductors 
Meeting-  of  Institute  Conductors 
Blanks  and  Blank  Form 
Compensation  of 
State  Certificates  and  Diplomas 
Examination  for  Same 
State  Certificate— How  Secure 
Renewal  of  Certificates 
State  Diplomas— How  Secured 
Certificate  Fee 
Ma3^  Be  Revoked 

County  [Supervision.     Ciiaptcr  11 

Superintendent — Duties  of 

Shall  Encourage  Teachers'  Institutes 
County  Certificates — Requirements  for 
Grades  of  Same 
Ag-e  of  Applicant 
Revocation  of  Certificates 
County  Normal  Institute 
Officers'  Meeting- 
Medium  of  Communication 
Salaries  of  Superintendents 
May  Close  School 
Visiting  Schools 
Certificate  not  Required 
To  Examine  Accounts 
Vacancy — How  P'illed 
Treasurers'  Bond 
Oath  of  Office 
Qualifications 
May  Provide  Office 
Shall  Report  Enumeration 
Shall  Make  Annual  Report 
Appeal  From  District  School  Boards 
Appeals  From  Circuit  Court 
Duty  of  County  Treasurer 
Apportionment  of  School  Monej^ 
District  Institutes 
Not  Hold  Other  Office 
Clerk's  Report 
Treasurer's  Report 


:CTION 

PAGE 

1 

3 

2 

3 

3 

4 

4 

4 

5 

4 

6 

4 

7 

4 

8 

5 

9 

5 

10 

5 

11 

5 

12 

5 

13 

6 

14 

6 

15 

7 

16 

8 

1 

8 

2 

8 

3 

9 

4 

9 

•   5 

10 

6 

10 

7 

11 

8 

12 

9 

12 

10 

12 

11 

13 

12 

14 

13 

14 

14 

14 

15 

14 

16 

14 

17 

15 

18 

15 

19 

15 

20 

16 

21 

16 

22 

16 

23 

18 

24 

18 

25 

18 

26 

19 

27 

19 

28 

19 

29 

19 

INDEX 

Failure  of  Officer  to  Report 

Mileage  of  County  Superintendent 
Schooli  Corporations.    Chapter  liJ 

School  Corporations  Defined 

New  Counties — District  of 

District — How  Sub-divided 

Officer's  Report  in  Case  of  Sub-division 

Name  of  School  District 

Boundaries — How  Changed 

School  District  Corporations 

County  Superintendent  Shall  Make  Plat  of 
County 
District  School  Board.     Chapter  IV 
School  District  Officers 

Annual  Election  of  School  Officers 

School  Boards — Meetings  of 

Chairman — Duties  of — Salary 

Clerk — Duties  of 

Clerk  and  Treasurer — Bonds  of 

Treasurer— Duties  of 

Warrants — Payment  of 

Warrants — How  Drawn 

Official  Bond  and  Oath— Where  Filed 

Salary  of  Clerk  and  Treasurer 
Powers  and  Duties  of  the  District  School  Board.     Chapter  V 

Powers  and  Duties  of  the  District  School  Board 

May  Appeal  to  County  Superintendent 

The  Electors  May  Instruct  Board 

Clerk  Shall  Notify  Auditor 

Accounts — How  Kept 

School  Sites 

Board  May  Take  Land 

Condition 

Reports  in  English 

Clerk  of  District  Meetings 

Webster's  Dictionary 

Clerk  Shall  Draw  Warrant 
Teachers  and  Schools.     Chapter  VI 

•  Teachers — How  Employed 

Teacher's  Register 

Teachers  Shall  Make  Report 

Shall  Give  Notice 

Penalty  for  Disturbing  School 

Reading  of  Moral  Instruction 
Compulsory  Education.    Chapter  VII 

Attendance — Period  of — Penalty 

Arrest  of  Truant  Children 


SECTION 

PAGE 

30 

20 

31 

20 

1 

21 

2 

21 

3 

21 

4 

23 

5 

23 

6 

23 

7 

24 

24 


1 

24 

2 

25 

3 

26 

4 

26 

5 

26 

6 

26 

7 

28 

8 

28 

9 

28 

10 

29 

11 

29 

1 

29 

2 

31 

3 

32 

4 

33 

5 

34 

6 

35 

7 

35 

8 

36 

9 

36 

10 

36 

11 

36 

12 

37 

1 

37 

2 

38 

3 

38 

4 

39 

5 

39 

6 

39 

1 

39 

2 

40 

INDEJX 

Employment  of  Children 

False  Statement 

Prosecution— How  and  by  Whom  Made 

Courts  Having"  Jurisdiction 
Miscellaneous.    Chapter  VIII 

Definition  of  School  Days 

Illegal  Contracts 

Penalty  for  False  Report 

Must  Qualify 

Vacancy — How  Filled 

Records  Open  to  Inspection 

Tax  Levy  to  Satisfy  Judgment 

Jurisdiction  in  School  Suits 

Fines  and  Penalties 

Assessor — Duty  of 

Majority  Rule 

County  Commissioners  to  Levy  Tax 

Annual  School  Election 

Branches  to  be  Taught 

Form  of  Oath 

Penalty  for  Defacing  School  Property 

Reading  Circle 

Duties  of  School  Officers — Penalty 

School  District  Defined 
School  Bonds.    Chapter  IX 

Vote  for  Issue  of  Bonds 

Bond  Election 

Denomination  of  Bonds 

Requirements  as  to  Form 

Sinking  Fund 

Sale  of  Bonds 

Bonds  a  Lien 

Cancellation  of  Bonds 

Contract  for  Building  School  House 

Extension  Coupons — How  Issued 

Election  Returns  to  County  Auditor 
Unifornnity  of  School  Text  Books.     Chapter  X 
Who  Constitute  Board 

Time  of  Meeting — Adoption  and  Price  of 

Duty  of  Board  and  Superintendent 

Superintendent  to  Notify  Members  of  the 

Contract  With  Publishers 

Form  of  Contract 

Bond  From  Depository 

Printed  Lists  and  Price  of  Books 

Petition  for  Free  Books 

Book  Case  and  Secretary's  Report 


SECTION 

PAGE 

3 

41 

4 

41 

5 

41 

6 

42 

1 

42 

2 

42 

3 

42 

4 

43 

5 

43 

6 

43 

7 

43 

8 

44 

9 

44 

10 

44 

11 

44 

12 

44 

13 

45 

14 

45 

IS 

45 

16 

45 

17 

45 

18 

46 

19 

46 

1 

46 

2 

47 

3 

47 

4 

47 

5 

48 

6 

49 

7 

49 

8 

49 

9 

49 

10 

SO 

11 

50 

1 

51 

oks    2 

51 

3 

52 

>ard   4 

52 

5 

52 

6 

53 

7 

53 

8 

53 

9 

53 

10 

54 

INDEX 


SECTION 

11 


Change  Provided  for 

Emoluments  Prohibited 
Cities,  Towns  and  Independent  Districts.    Chapter  XI 
Law  "Where  in  Force 

Committee  on  Arbitration 

A  Free  System  of  Schools 

Adjacent  Territory — How  Attached 

Shall  be  a  Corporation 

A  Board  of  Education 

Power  to  Fill  Vacancy 

Shall  Maintain  and  Control  Schools 

Org-anijtation — How  Made 

Duties  of  President  and  Clerk 

Tax  Levy 

School  Ofificers — How  Chosen — Bond  of — Duties 

Taxable  Property 

Regular  Meetings 

Report  of  Clerk 

Contracts 

May  Read  Bible 

Bonds — How  Issued 

Bond  Election 

Shall  Sign  Bond 

Bond  Interest 

Sinking  Fund 

Payment  of  Interest 

Payment  Pledged 

Bond  and  Warrant  Register 

Official  Oath  and  Bond 

Examination  of  Teachers 

Ballot  Boxes  to  be  Provided 

Error  in  Tax  List 

Repeal 
School  Libraries.     Chapter  I 

County  Treasurer  Shall  Withhold  From  Apportionment 

County  Library  Board 

Clerk  of  School  District  as  Librarian 

School  Board  Shall  Provide  Book  Case 

The  County  Library  Board  to  Designate  Circuits 

Library  Board  to  Receive  no  Compensation 

County  Treasurer  to  pay  out  Money 

All  Acts  Repealed 
Humane  Treatment  of  Animals.    Chapter  I 

Shall  be  Taught  in  Public  Schools 

Each  School  Supported 

Act  Shall  Take  Effect 
Constitutional  Provisions 


12 

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2 

3 

4 

5 

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17 

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20 

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25 

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27 

28 

29 

30 

1 
2 
3 
4 
5 
6 
7 


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54 

55 
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56 

56-57 
58 

58-59 
60 
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